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State of Tamilnadu - Section

Section 4 in Tamil Nadu Municipal (Non-Centralised-Regular) Public Health Establishment Discipline and Appeal Regulations, 1977

4. Suspension.

(1)A member -of the establishment may be placed under suspension from service by the appointing authority where -
(i)an enquiry into grave charge against him is contemplated or is pending, or
(ii)a complaint against him of any criminal offence is under investigations or trial and such suspension is necessary in the public interest.
(2)A member of the establishment who is detained in custody, whether on a criminal charge or otherwise, for a period longer than 48 hours, shall be deemed to have been suspended under this regulation.
(3)Where a penalty of dismissal, removal, or compulsory retirement from establishment imposed on a member of the establishment under suspension is set aside in appeal, or on review under these regulations, 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, removal or compulsory retirement and shall remain in force until further orders.
(4)Where a penalty of dismissal, removal or compulsory retirement from establishment imposed upon a member of the establishment is set aside or declared or rendered void in consequence of, or by a decision of Court of Law, and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further enquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, such member of the establishment shall be deemed to have been placed under suspension by the appointing authority from the date of original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.
(5)Where a member of the establishment is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceedings is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded in writing, direct that such member shall continue to be under suspension until the termination of all or any of such proceedings.
(6)An order of suspension made or deemed to have been made under this regulation may, at any time, be revoked by the authority which made the order or by the appellate authority or the State Government.
(7)Suspension of a member of establishment pending enquiry referred to in sub-clause (i) of clause (1) shall not ordinarily be for a period exceeding 3 months and in exceptional cases where the enquiry cannot be completed within 3 months, the period of suspension may be extended for further periods with the consent of the Director of Public Health and Preventive Medicine, Chennai.
(8)During the period of suspension, the member of the establishment shall be paid a subsistence allowance at such rates as are prescribed under the Fundamental Rules applicable to State Government servants.