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Union of India - Section

Section 12 in National Housing Bank Employees' Regulations, 1994

12. Suspension.

(1)An employee may be placed under suspension by the competent authority,
(a)where a disciplinary proceeding against him is contemplated or is pending; or
(b)where a case against him in respect of any criminal offence is under investigation, inquiry or trial.
(2)An employee shall be deemed to have been placed under suspension by an order of the competent authority,
(a)with effect from the date of his detention if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;
(b)with effect from the date of conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation. - The period of forty-eight hours referred to in cl. (b) of this sub-regulation shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
(3)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee under suspension is set-aside in appeal or on review under these regulations and the case is remitted for further inquiry or action or with any directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original orders 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 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 consideration of the circumstances of the case, decides to hold further inquiry against him on the allegations on which penalty of dismissal, removal or compulsory retirement was originally imposed the employee shall be deemed to have been placed under suspension by the competent authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.
(5)
(a)An order of suspension made or deemed to have been made under this regulation shall continue to remain in force until it is modified or revoked by the authority competent to do so.
(b)An order of suspension made or deemed to have been made under this regulation may at any time be modified or revoked by the authority which made or is deemed to have made the order.