Section 31 in High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011
31. Suspension.
(1)The Competent Authority may place a Court employee under suspension: -(a)where a disciplinary proceeding against him/her is contemplated or is pending, or;(b)where a case against him/her in respect of any criminal charge is under investigation or trial;Provided that :-(i)in case of a Court employee on deputation outside the Court, the Borrowing Authority shall be requested to place him/her under suspension pending the conclusion of the inquiry and the passing of the final order in the case; and(ii)in case of an employee on deputation to the Court, the Registrar General shall without delay inform the Lending Authority of the circumstance in which that Court employee has been placed under suspension.(2)A Court employee 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 as if such order has been passed by the Competent Authority. Such fact of detention and deemed suspension shall be brought to the notice of the Competent Authority and communicated to the employee. However, such communication shall not be deemed to have caused any prejudice to the employee.(3)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Court employee under suspension is set aside in appeal under these Rules and the case is remitted for further inquiry or action or with any other direction, the order of his/her 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 service imposed upon a Court employee is set aside or declared void or rendered void in consequence of or by a decision of a Court of Law and the Competent Authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him/her on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Court employee, shall be deemed to have been placed under suspension from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.Part-V Appeals
