Section 44 in Andhra Pradesh Village Servants Service Rules, 2005
44. Suspension pending enquiry:
(1)An officer competent to suspend a village servant as a measure of punishment may also place under suspension such a village servant from service pending investigation or enquiry into grave charges, or where a case against village servant in respect of any criminal offence is under investigation or trail, if he is satisfied that the continuance in office of the village servant is detrimental to public interest or administration and he shall make a record in writing of his reasons for so doing an a copy of the same shall be furnished to the village servant concerned.Provided that where a village servant is detained in custody, whether on a criminal charge or otherwise for a period exceeding 48 hours he shall be deemed to have been suspended with effect from the .date of detention by an order of the appointing authority and shall remain under suspension until further orders.Provided further that where a village servant has been suspended and investigation has not been completed or the action proposed to be taken in regard to him has not been completed within a period of three months from the date of suspension, the village servant shall be deemed to have been reinstated to chity unless the authority which ordered such suspension obtains the orders of the next higher authority to continue the said village servant under suspension in public interest and issues an order continuing such suspension for a further period of three months. The order of the Collector shall be obtained if it is necessary to continue the village servant under suspension for a period exceeding six months. In no case such interim suspension be in force for a total period exceeding one year, except in those where criminal cases are pending trial.(2)Where a penalty of dismissal, removal from service is imposed upon a village servant after he had been placed under suspension under sub-rule (1) and if such penalty is set aside in appeals under these rules and the case is remitted for further enquiry or action or with any other directions the original order of suspension pending enquiry of such Village Servant shall be deemed to have continued in force until further orders of the competent authority.(3)Where a penalty of dismissal, removal from service is imposed upon a Village Servant is set aside or declared or rendered void in consequence of or by a decision of a court of law and the authority competent to impose the penalty on a consideration of the circumstances of the case, decided immediately thereafter to hold a further enquiry against him on the allegation on which the penalty was originally imposed, the village servant shall be deemed to have been placed under suspension pending enquiry by the authority competent to impose the suspension from the date of original order of dismissal, removal or suspension, from service and shall continue to remain under suspension until further orders of the competent authority.(4)An order of suspension made under this rule may at any time be revoked by the authority which made the order or by any authority to which that authority is subordinate.
