Section 4 in The Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988
4. Suspension.
(1)The appointing authority or any other authority empowered in that behalf by the Government by 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 a case against him in respect of any criminal offence is under investigation, inquiry or trial :Provided where the order of suspension is made by 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 sub-rule (2) shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent period of imprisonment, if any, shall be taken into account.(3)Where a penalty of dismissal, removal or compulsory retirement from the Service imposed upon an employee under suspension is set aside in appeal under these rules and the case is remitted for further enquiry or action or 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 retirement and shall remain in force until further orders.(4)Where a penalty of dismissal, removal or compulsory retirement from the service imposed upon the employee is set aside or declared or rendered void in consequence of or by a decision of a court of law and the punishing 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 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 until further orders.(5)(a)An order of suspension made or deemed to have been made under these rules continues 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, 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 these rules 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.
