Section 25 in Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012
25. Suspension:-
(1)The Appointing Authority or any Authority to which it is subordinate or anyother authority empowered in that behalf by the High Court, by general or specialorder, may place a Member of the Service under suspension.(a)where a disciplinary proceeding against him is contemplated or is pending; or(b)where, in the opinion of the authority aforesaid, he has engaged himself inactivities prejudicial to the interest of the security of the State; or(c)where a case against him in respect of any criminal offence is underinvestigation, inquiry or trial.Provided that, where the order of suspension is made by an authority lowerthan the Appointing Authority, such Authority shall forthwith report to theAppointing Authority the circumstances in which the order was made.(2)A Member of the Service shall be deemed to have been placed under suspensionby an order of Appointing Authority –(a)with effect from the date of his detention, if he is detained in custody, whetheron a criminal charge or otherwise, for a period exceeding forty-eight hours;(b)with effect from the date of his conviction, if, in the event of a conviction for anoffence, he is sentenced to a term of imprisonment exceeding forty-eight hours andis not forthwith dismissed or removed or compulsorily retired consequent to suchconviction.EXPLANATION - The period of forty-eight hours referred to in clause (b) of thissub-rule shall be computed from the commencement of the imprisonment after theconviction and for this purpose, intermittent periods of imprisonment, if any, shallbe taken into account.(3)Where a penalty of dismissal, removal or compulsory retirement from serviceimposed upon a member of the service under suspension is set aside in appeal or onreview under these rules and the case is remitted for further inquiry or action orwith any other directions, the order of his suspension shall be deemed to havecontinued in force on and from the date of the original order of dismissal, removalor compulsory retirement and shall remain in force until further orders.(4)Where a penalty of dismissal, removal or compulsory retirement from serviceimposed upon a member of the service is set aside or declared or rendered void inconsequence 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 furtherinquiry against him on the allegations on which the penalty of dismissal, removalor compulsory retirement was originally imposed, the member of the service shallbe deemed to have been placed under suspension by the Appointing Authority fromthe date of the original order of dismissal, removal or compulsory retirement andshall continue to remain under suspension until further orders:Provided that no such further inquiry shall be ordered unless it is intended to meet asituation where the Court has passed an order purely on technical grounds withoutgoing into the merits of the case.(5)(a)Subject to the provisions contained in sub-rule (7), an order of suspensionmade or deemed to have been made under this rule shall continue to remain in forceuntil it is modified or revoked by the authority competent to do so.(b)Where a Member of the service is suspended or is deemed to have beensuspended (whether in connection with any disciplinary proceeding or otherwise),and any other disciplinary proceeding is commenced against him during thecontinuance of that suspension, the authority competent to place him undersuspension may, for reasons to be recorded by him in writing, direct that theMember of the service shall continue to be under suspension until the terminationof all or any of such proceedings.(c)An order of suspension made or deemed to have been made under this rule mayat any time be modified or revoked by the authority which made or is deemed tohave made the order or by any authority to which that authority is subordinate.(6)An order of suspension made or deemed to have been made under this rule shallbe reviewed by the authority competent to modify or revoke the suspension, beforeexpiry of ninety days from the effective date of suspension, on the recommendationof the Review Committee constituted for the purpose and pass orders eitherextending or revoking the suspension. Subsequent reviews shall be made beforeexpiry of the extended period of suspension. Extension of suspension shall not befor a period exceeding one hundred and eighty days at a time.(7)An order of suspension made or deemed to have been made under sub-rules (1)or (2) of this rule shall not be valid after a period of ninety days unless it isextended after review, for a further period before the expiry of ninety days.
