Section 5 in Tamil Nadu Town Panchayat Establishment (Punishment and Appeal) Rules, 1988
5. Suspension.
(1)The competent authority may suspend a member of the Establishment for the following reasons:(a)an enquiry into grave charges against him is contemplated or is pending; or(b)a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest:Provided that in exceptional cases where the enquiry cannot be completed within three months from the date of suspension by the Executive Authority the person may be suspended for a further period not exceeding three months with the previous sanction of the District Officer of Town Panchayats concerned and for any period beyond six months from the date of suspension with the previous sanction of the Director of Town Panchayats.(2)A member of the establishment who is detained in custody whether on a criminal charge or otherwise for a period longer than forty-eight hours shall be deemed to have been suspended under this rule.(3)During the period of suspension such member of the establishment shall be paid a subsistence allowance at such rates as the suspending authority may direct subject to the maximum and minimum laid down in the fundamental rules;(4)Where a penalty of dismissal or removal from service imposed upon an officer or servant of a town panchayat under suspension is set aside on appeal or on review under these rules and the case is remitted for further enquiry 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 or removal and shall remain in force until further orders.(5)Where a penalty of dismissal, or removal from service imposed upon an officer or servant of a Town Panchayat is set aside or declared or rendered void in consequence of or a decision of a Court of law and the disciplinary authority on a consideration of the circumstances of the case, decided to hold a further enquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, such officer or servant shall be deemed to have been placed under suspension by the competent authority from the date of the original order of dismissal or removal and shall continue to remain under suspension until further orders.(6)An order of suspension under sub-rule (1) may, at any time be. revoked by the competent authority or any other higher authority to which that authority is subordinate.
