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State of Tripura - Section

Section 28 in The Tripura Board of Secondary Education (Terms and Conditions of Appointment and Discipline of the Employees) Rules, 1982

28. Suspension.

- (i) An employee may be placed under suspension by the appointing authority-
(a)where a disciplinary proceeding against him is contemplated or is pending; or
(b)where in the opinion of the appointing authority, 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 of any criminal offence is under investigation inquiry or trial.
(ii)An employee shall be deemed to have been placed under suspension by an order of the appointing authority-
(a)with effect from the date of his detention, if he is detained in custody, whether on 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 an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation. - The period of forty-eight hours referred to in Clause (b) of this sub-rule shall be computed from the commencement of imprisonment after conviction and for this purpose intermittent period of imprisonment, if any, shall be taken into account.
(iii)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee under suspension is set aside in appeal or on review, under rules or 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 allegation which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension from the date of the original order of dismissal removal or compulsory retirement and shall continue to remain under suspension until further orders.
(iv)
(a)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 appointing authority.
(b)Where an employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise) and any other disciplinary proceeding is commenced against him during the continuance of that suspension the authority competent to place him under suspension may, for reason to be recorded by him in writing direct that the employee shall continue to be under suspension until termination of all or any such proceedings.
(c)An order of suspension made or deemed to have been made under this rule may at a time be modified or revoked by the appointing authority or the Board.
(v)An employee against whom a proceeding had been taken on a criminal charge but who is not actually detained in custody (i.e. a person released on bail) may be placed under suspension by an order of the appointing authority. If the charge is connected with the official position of the employee or involves any moral turpitude on his part suspension shall be ordered under this rule, unless there are exceptional reasons for not adopting this course.