Section 4 in West Bengal Municipal Employees' (Classification, Control, Appeal and Conduct) Rules, 2010
4. Conditions for placing an employee under suspension
. (1) The appointing authority may place an employee under suspension,(a)Where a disciplinary proceeding or departmental enquiry against him is contemplated or is pending; or(b)Where in the opinion of the appointing authority, he has engaged himself in activities prejudicial to the interest of the Local Body or the State or the country; or(c)Where a case against him in respect of any criminal offence is under investigation or trial.(2)The procedure, which is being followed for criminal charges against a Government employee, may identically be followed in case of a municipal employee.(3)A municipal employee who is placed under suspension or be deemed to be under suspension in the circumstances mentioned in sub rule (1) shall irrespective of the circumstances which lead to, or resulted in, suspension be entitled to subsistence allowance during the period of suspension.(4)An employee against whom a proceeding has been commenced on a criminal charge but who is not actually detained in custody (e.g. a person released on bail) may be placed under suspension under clause (c) of sub-rule (1) by an order made by the appointing authority. If the criminal charge is related to the official position of the employee or involves any moral turpitude on his part, suspension shall be ordered under this sub-rule, unless there are exceptional reasons for not adopting such a course.(5)An employee who is detained in custody for a period exceeding forty eight hours under any law providing for preventive detention or as a result of a proceeding either on a criminal charge or otherwise, shall be deemed to have been suspended, by an order of the appointing authority, with effect from the date of his detention and shall remain under suspension until further orders. An employee who is undergoing a sentence of imprisonment shall also be dealt with in the same manner, pending, a decision on the disciplinary action to be taken against him.(6)(i)Where a penalty of dismissal, removal or compulsory 'retirement from service imposed on an employee under' suspension; or(ii)a disciplinary proceeding pending against an employee under suspension is set aside in appeal or on review under these rules and the case is remitted for further enquiry or action or with any directions, the order of his suspension shall be deemed to have continued in force, (a)in the case where the penalty of dismissal, removal or compulsory retirement from service had been imposed, on and from the date of the order imposing such penalty, and(b)in the case where the disciplinary action was pending, on and from the date of order placing the employee under suspension, and in either case; the order of suspension shall remain in force until further orders.(7)Where a penalty of dismissal, removal or compulsory retirement from service imposed on an employee under suspension or a disciplinary proceeding pending against an employee under suspension 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 a further inquiry against the employee on the allegations on which the penalty was originally imposed or the disciplinary proceeding was originally started, the employee shall be deemed to have been placed under suspension by the appointing authority with effect from the date on which the order imposing the penalty of dismissal, removal or compulsory retirement from service was made or where the disciplinary proceeding was pending, from the date on which the employee was originally placed under suspension.An order of the suspension made or deemed to have been made under this sub-rule shall continue in force until it is modified or revoked by the authority competent to do so.
