CHAPTER 1 - Border Roads Organisation

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COUNTING OF PERIOD OF SUSPENSION
11. Time passed by a Government servant under suspension pending inquiry into conduct
shall count as qualifying service where, on conclusion of such inquiry, he has been fully
exonerated or the suspension is held to be wholly unjustified; in other cases, the period of
suspension shall not count unless the authority competent to pass orders under the rule
governing such cases expressly declares at the time that it shall count to such extent as the
competent authority may declare.
GOVERNMENT OF INDIA‟S DECISIONS
12. Need for making proper entries for counting of periods of suspension-Rule 23 of the
CCS (Pension) Rules, 1972, requires that in cases other than those in which suspension has been
held to be wholly unjustified, the competent authority should at the appropriate time declare
whether and to what extend the period of suspension will count towards the qualifying service.
Specific entries in this regard in the service book/records will be taken note of at the time of
reckoning qualifying service. In the absence of any specific entry, period of suspension shall be
taken as counting towards the qualifying service.
SUSPENSION SHOULD BE HELD WHOLLY UNJUSTIFIED WHEN THE
PROCEEDINGS END WITH MINOR PENALTY
13. The Staff Side of the Committee of the National Council set up to review the CCS
(CCA) Rules, 1965, had suggested that in cases where a Government servant, against whom an
inquiry has been held for the imposition of a major penalty, is finally awarded only a minor
penalty, the suspension should be considered unjustified and full pay and allowances paid for
suspension period. Government have accepted this suggestion of the Staff Side. Accordingly,
where departmental proceedings against a suspended employee for the imposition of a major
penalty finally end with the imposition of minor penalty, the suspension can be said to be wholly
unjustified in terms of FR 54-B and the employee concerned should, therefore, be paid full pay
and allowances for the period of suspension by passing a suitable order under FR 54-B.
14. These orders are effective from 3 rd December , 1985. Past cases already decided need not
be re-opened.
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