Section 33(3) in U.P. Zila Panchayats Service Rules, 1970
(3)Where a penalty of dismissal or removal from service imposed upon a [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.] servant is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions-(a)if he was under suspension immediately before the penalty was awarded to him, the order to his suspension shall, subject to any such directions as aforesaid, be deemed to have continued in force on and from the date of the original order of dismissal or removal;(b)if he was not under suspension, he shall, if so directed by the appellate or reviewing authority, be deemed to have been placed under suspension by an order of the Appointing Authority on and from the date of the original order of dismissal or removal:Provided that nothing in this sub-rule shall be construed as affecting the power of the Competent Authority, in a case where a penalty of dismissal or removal from service imposed upon a [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.] servant is set aside in appeal or on review under these rules on grounds other than the merits of the allegations of which the said penalty was imposed but the case is not remitted for further inquiry or action or with any other directions, to pass an order of suspension pending further inquiry against him on those allegations, so, however, that, any such suspension shall not have retrospective effect.
