Section 48 in The Insurance Regulatory And Development Authority (Conditions Of Service Of Officers And Other Employees) Regulations, 2000
48. Suspension .-(1) The competent authority or any authority to which it is subordinate by general or special order may place an officer and other employee under suspension-
(a)where a disciplinary proceeding against him is contemplated or is pending, or(b)where, in the opinion of the aforesaid authority, he has engaged himself in activities prejudicial to the interest of the Authority or interests of holders of insurance policies or insurance industry; or(c)where a case against him in respect of any criminal offence is under investigation, inquiry or trial.(2)An officer and other employee shall be deemed to have been placed under suspension by an order of the competent authority-(a)with effect from the date of his detention, if he is detained in police custody, whether on 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 the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.(3)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an officer and other employee under suspension is set aside in appeal or review under these regulations and the case is remitted for further inquiry 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 original order 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 officer or other employee 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 inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the officer or other employee shall be deemed to have been placed under suspension by the competent authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders:Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.(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 competent authority.(b)Where an officer or other 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 competent authority to place him under suspension may, for reasons to be recorded by him in writing, direct that of officer or other 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 the Authority which made or is deemed to have made the order or by any other authority to which that authority is subordinate.
