Law of Suspension

This book explains the principles relating to scope of suspension, consequences of suspension, automatic or deemed suspension, authority competent to suspend, justification of order, period of suspension, subsistence allowance, reinstatement, and other allied aspects relating to suspension.

Reviews

The author's grasp and mastery of the subject is evident from the treatment given to the various aspects of the subject starting from the meaning of Suspension, its scope, validity, different kinds of suspension, competent authority, retrospective suspension, duration, remuneration during suspension period etc. How to challenge suspension order is also well treated. The relevant case-law has been included at appropriate places.

- The Management Accountant

The author has taken note of leading judicial decisions in his exposition. The book carries a Table of Cases as well as a Subject-Index and is complete in every respect. The book will be highly useful to public servants as well as to persons in the administrative machinery.

- The Madras Law Journal

The book presents in a simple manner the salient features of the law of suspension. Every provision of the law of suspension has been lucidly explained. This is a book well worth its price, to be kept on the table of anyone who has anything to do with the subject.

- Kerala Law Times

The author has dealt exhaustively with all the aspects of suspension from the point of view of the employer and the employee. It will help the employee to know his rights and liabilities and how to ride over the problem, while it provides good guidance to the employer in the matter of suspension and the correct procedure to follow while suspending an employee. A useful guide to the employer and employee; trade union workers, lawyers and social workers.

- All India Reporter

CHAPTER I: MEANING AND SCOPE OF SUSPENSION
Meaning of suspension
Nature of suspension
Scope of suspension
Approval of suspension
CHAPTER II: VALIDITY OF SUSPENSION
Grounds of suspension: Justification
Suspension vitiated by bias and mala fides
Failure to review the suspension periodically
Second suspension order on the same grounds
Challenge against the validity of suspension as an industrial dispute
CHAPTER III: KINDS OF SUSPENSION
CHAPTER IV: SUSPENSION PENDING DISCIPLINARY PROCEEDINGS
CHAPTER V: SUSPENSION PENDING CRIMINAL PROCEEDINGS
CHAPTER VI: SUSPENSION BY WAY OF PUNISHMENT
CHAPTER VII: AUTHORITY COMPETENT TO SUSPEND
Right of the employer to suspend
Authority empowered to suspend
Authority to suspend cannot be delegated
Power to suspend Judicial Officers
CHAPTER VIII: ARTICLE 311 OF THE CONSTITUTION NOT APPLICABLE
CHAPTER IX: DEEMED OR AUTOMATIC SUSPENSION
CHAPTER X: RETROSPECTIVE SUSPENSION
CHAPTER XI: SUSPENSION ORDER EFFECTIVE ONLY ON COMMUNICATION
CHAPTER XII: CONSEQUENCES OF SUSPENSION
The right of the employee to work
Right of the employer to ask the employee not to leave the headquarters
Right of the employer to ask the employee to sign the attendance register
Suspension, if it amounts to punishment
Whether a suspended employee can resign
Retirement on superannuation
Compulsory retirement or termination
Whether the period of suspension is excluded in computing
period of probation
Whether promotions and increments are affected by suspension
Right to work as a defence assistant
Confirmation: Sealed cover procedure
Promotion: Sealed cover procedure
Fixing seniority on promotion after exoneration
Compassionate appointment for suspended employee's widow
CHAPTER XIII: DURATION OF SUSPENSION: REVOCATION
CHAPTER XIV: SUBSISTENCE ALLOWANCE DURING SUSPENSION
Payment of the subsistence allowance depends on the rules
Payment of wages during suspension
Effect of non-payment of subsistence allowance
Whether a subsistence allowance is wages
Variation in the amount of subsistence allowance
Suspension by way of punishment
Revision of pay scale: Whether affected by suspension
Is recovery of paid subsistence allowance permissible?
CHAPTER XV: PAY AND ALLOWANCES ON REINSTATEMENT-REGULARISATION
Reinstatement on revocation, etc., of suspension
Employee retiring during suspension
On acquittal by the criminal court
When a minor penalty is imposed
Opportunity of hearing
Decision whether the employee is entitled to full pay and allowances
or not for the period of suspension
CHAPTER XVI: REINSTATEMENT ON SETTING ASIDE OF DISMISSAL ETC. BY COURT
CHAPTER XVII: REINSTATEMENT ON SETTING ASIDE DISMISSAL ETC. IN DEPARTMENTAL
CHAPTER XVIII: CHALLENGING ORDER OF SUSPENSION
In departmental proceedings
Before Administrative Tribunals
Before Civil Courts and High Courts
Before the Supreme Court
CHAPTER XIX: GROUNDS FOR CHALLENGING ORDER OF SUSPENSION
CHAPTER XX: PROLONGED SUSPENSION
CHAPTER XXI: LIMITATION FOR CLAIMING WAGES FOR THE PERIOD OF SUSPENSION
CHAPTER XXII: DEFIANCE OF SUSPENSION ORDER
APPENDIX I
STATUTORY RULES ON SUSPENSION
All India Services (Discipline and Appeal) Rules, 1969
Delhi Police (Punishment and Appeal) Rules, 1980
Fundamental Rules and Supplementary Rules
Indian Railway Establishment Code, Vol. II
Railway Servants (Discipline and Appeal) Rules, 1968
Central Civil Services (Classification Control and Appeal) Rules, 1965
Kerala Payment of Subsistence Allowance Act, 1972
Tamil Nadu Payment of Subsistence Allowance Act, 1981
West Bengal Payment of Subsistence Allowance Act, 1969
Shastry Award
Desai Award
APPENDIX II
STANDARD FORMS
Certificate to be furnished by the suspended official
Order placing an officer under suspension when he is
detained in custody
Standard form of order of suspension
Standard form of order for revocation of suspension order
SUBJECT INDEX