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State of Kerala - Section

Section 10 in Kerala Civil Services (Classification, Control & Appeal) Rules, 1960

10. Suspension.

(1)The appointing authority or any authority to which it is subordinate or any other authority empowered by the Government in that behalf may at any time place a Government servant under suspension.
(a)where a disciplinary proceedings against him is contemplated or is pending, or
(b)where a case against him in respect of any criminal offence is under investigation or trial; or
(c)where final orders are pending in the disciplinary proceeding, if the appropriate authority considers that in the then prevailing circumstances it is necessary, in public interest, that the Government servant should be suspended from service.
Provided that the authority competent to place a member of the Kerala Civil Judicial Service or the Kerala Criminal Judicial Service under suspension shall be the High Court of Judicature.
(2)Where the order of suspension is 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.
(3)A Government servant who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty eight hours shall be deemed to have been suspended with effect from the date of detention, by an order of the Appointing Authority or in the case of members of the Kerala Civil Judicial Service or the Kerala Criminal Judicial Service by an order of the High Court of Judicature and shall remain under suspension until further orders.
(4)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension 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, 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.
(5)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant 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 him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date from which he was originally dismissed, removed or compulsorily retired, as the case may be, and shall continue to remain under suspension until further orders.
(6)An order of suspension made or deemed to have been made under this rule may at any time be revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
(7)Whenever a Government servant is placed under suspension, he shall be paid such subsistence and other allowances admissible under the rules for the time being in force regulating such matters.