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State of Punjab - Section

Section 16 in The Punjab School Education Board Employees (Punishment and Appeal) Regulations, 1978

16. Suspension.

(1)The appointing authority or any other authority to which it is subordinate or the punishing authority, may place an employee under suspension:-
(a)Where a disciplinary proceeding against him is contemplated or is pending; or
(b)where a case against him in respect of any criminal offence is under investigation, inquiry or trial.
(2)The employee shall be deemed to have been placed under suspension by an order of 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-regulation shall be computed from the commencement of the imprisonment after conviction and for this purpose, internment periods of imprisonment, if any, shall be taken into account.
(3)Where a penalty of dismissal, removal or compulsory retirement imposed upon an employee under suspension is set aside on 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 to remain in force on and from the date of original order imposing the penalty of dismissal 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 an employee is set aside or declared or rendered void in consequence of or by a decision of court of law and the punishing authority on reconsideration 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, the employee shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal or compulsory retirement and shall continue to remain under suspension until further orders.
(5)
(a)An order of suspension made or deemed to have been made under this regulation shall continue to remain in force until it is modified or revoked by the authority competent to do so.
(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 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 employee shall continue to be under suspension until the termination of all or any of such proceedings.
(c)An order of suspension made or deemed to have been made under this regulation may at any time be modified or revoked by authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
Note. - The payment of allowance during suspension and on re- instatement shall be governed by the rules laid down in Punjab Civil Services Rules, Volume I, Part I.