Section 8 in The Khadi And Village Industries Commission Employees (Classification, Control And Appeal) Regulations, 2003
8. Suspension.
(1)The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Commission, by a general or special order, may place an employee 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 in activities prejudicial to the interest of the security of the State; of(c)where a case against him in respect of any criminal offence is under investigation, inquiry or trial :Provided that, except in case of an order of suspension made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.(2)An 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 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 employee under suspension is set aside in appeal on 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 the original order of dismissal, removal or compulsory retirment and shall remain in force untill 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 a Court of Law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold further inquiry 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, removal or compulsory retirement and shall continue to remain under suspension untill 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 authority competent to do so.(b)Where an employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings 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 the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.Part-V Penalties And Disciplinary Authorities
