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............................................................................................................................DescriptionSince the publication of its first edition, this authoritative work on the law relating to suspension has been immensely popular amongst the members of the Bench and the Bar, employers and employees of various concerns and trade unions, and there was a persistent demand for its new edition.Suspension from service has very serious ramifications for an employee, though the relationship of master and servant continues and the suspended employee is entitled for subsistence allowance. The law of suspension is well settled and the present work lucidly explains the law on the subject in the light of decided cases. 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. The present edition is updated upto October, 2006.The main text of the book is covered in twenty-two chapters. The book cites over 500 cases on the subject, and reproduces the statutory rules and standard forms on Suspension for All India Services, Central Civil Services, Indian Railways Service and the Delhi Police.This book is a must for every law library and a useful companion to practitioners of labour laws.............................................................................................................................ContentsI - Meaning and Scope of Suspension1. Meaning of suspension2. Nature of suspension3. Scope of suspension 4. Approval of suspensionII - Validity of Suspension 1. Grounds of suspension : Justification2. Suspension vitiated by bias and mala fide3. Failure to review suspension periodically4. Second suspension order on same grounds5. Challenge against the validity of suspension as an industrial disputeIII - Kinds of SuspensionIV - Suspension Pending Disciplinary ProceedingsV - Suspension Pending Criminal ProceedingsVI - Suspension by way of PunishmentVII - Authority Competent to Suspend1. Right of employer to suspend 2. Authority empowered to suspend3. Authority to suspend cannot be delegated4. Power to suspend Judicial OfficersVIII - Article 311 of the Constitution not applicableIX - Deemed or Automatic SuspensionX - Retrospective SuspensionXI - Suspension Order Effective only on CommunicationXII - Consequences of Suspension1. Right of employee to work2. Right of employer to ask employee not to leave the headquarters3. Right of employer to ask employee to sign attendance register4. Suspension, if amounts to punishment5. Whether suspended employee can resign6. Retirement on superannuation7. Compulsory retirement or termination8. Whether period of suspension excluded in computing period of probation9. Whether promotions and increments affected by suspension10. Right to work as defence assistant11. Confirmation: Sealed cover procedure12. Promotion: Sealed cover procedure13. Fixing seniority on promotion after exoneration: Guidelines14. Compassionate appointment for suspended employee's widowXIII - Duration of Suspension, RevocationXIV - Subsistence Allowance During Suspension1. Payment of subsistence allowance depends on rules2. Payment of wages during suspension3. Effect of non-payment of subsistence allowance4. Whether subsistence allowance is wages5. Variation in amount of subsistence allowance 6. Suspension by way of punishment7. Revision of pay scale: Whether affected by suspension8. Recovery of paid subsistence allowance — whether permissible?XV - Pay and Allowances on Reinstatement—Regularisation1. Reinstatement on revocation, etc. of suspension2. Employee retiring during suspension 3. On acquittal by criminal court4. When minor penalty imposed 5. Opportunity of hearing6. Decision whether employee entitled to full pay and allowances or not for the period of suspensionXVI - Reinstatement on Setting Aside of Dismissal, etc. by CourtXVII - Reinstatement on Setting Aside Dismissal, etc. in Departmental ProceedingsXVIII - Challenging Order of Suspension1. In departmental proceedings2. Before Administrative Tribunals3. Before Civil Courts and High Courts 4. Before the Supreme CourtXIX - Grounds for Challenging Order of SuspensionXX - Prolonged Suspension XXI - Limitation for Claiming Wages for Period of SuspensionXXII - Defiance of Suspension OrderAppendix I - Statutory Rules on Suspension1. All India Services (Discipline and Appeal) Rules, 19692. Delhi Police (Punishment and Appeal) Rules, 19803. Fundamental Rules and Supplementary Rules4. Indian Railway Establishment Code, Vol. II5. Railway Servants (Discipline and Appeal) Rules, 19686. Central Civil Services (Classification, Control and Appeal) Rules, 19657. Kerala Payment of Subsistence Allowance Act, 19728. Tamil Nadu Payment of Subsistence Allowance Act, 19819. West Bengal Payment of Subsistence Allowance Act, 196910. Shastry Award11. Desai AwardAppendix II - Standard Forms1. Certificate to be furnished by the suspended official2. Order placing an officer under suspension when he is detained in custody3. Standard form of order of suspension4. Standard form of order for revocation of suspension orderSubject Index ............................................................................................................................Author DetailsAuthor – M.S. NilaRevising Author - R. Prakash, Gold Medalist, Advocate, Supreme Court............................................................................................................................
