Suspension means the action of debarring, for the time being, from a function or privilege or temporary deprivation of working in the office. It is a temporary act. Suspension is basically a device to keep the delinquent out of mischief range.
Provision for Suspension of a Government Servant is provided under Rule 4 of Uttar Pradesh Government Service (Discipline and Appeal) Rules 1999 (hereinafter referred to as “1999 Rules”). The provision states that a Government Servant can be placed under Suspension in three instances.
First, when against the conduct of the Government Servant an inquiry is contemplated or is proceeding, it may be placed under Suspension. Such inquiry shall be initiated by the Disciplinary Authority under Rule 7 of the 1999 Rules.
Second, when a Government Servant in respect of, or against whom an investigation, inquiry, or trial relating to a criminal charge, which is connected with his position as a Government servant or which is likely to embarrass him in the discharge of his duties or which involves moral turpitude, is pending, may be placed under suspension until the termination of all proceedings relating to that charge.
Thirdly, Deemed Suspension shall come into effect in case the Government Servant is detained in custody for more than 48 hours, and such suspension is deemed to come into effect from the date of his detention.
The first proviso to Rule 4 of 1999 Rules provides that such suspension order should not be passed in the first case unless allegations against the Government Servant are so serious that if established may warrant major penalty.
A suspension order against a Government Servant can be challenged before the Hon’ble High Court. The Hon’ble High Court can exercise its powers under Article 226 of the Constitution of India by issuing a writ of certiorari to quash the impugned suspension order.
A suspension can be primarily challenged on two grounds, first, that the suspension order has been passed against the provisions laid down in the statute, and second, that the suspension order is against the principles of natural justice.
Moreover, the power of suspension should not be exercised in an arbitrary manner and without any reasonable ground. It should also be not exercised as a vindictive misuse of power. A suspension order cannot be actuated by mala fides, arbitrariness, or be passed for an ulterior purpose.
An order of suspension should not be passed in a perfunctory or in a routine and casual manner, but with due care and caution after taking all factors into account. It must not be an administrative routine or an automatic order to suspend an employee. It should be on consideration of the gravity of the alleged misconduct or the nature of the allegations imputed to the delinquent employee.
However, the Hon’ble Apex Court has also held in this regard that the High Court must not ordinarily interfere in matters of suspension and that it is the exclusive domain of the competent authority who can review its orders of suspension as per Section 21 of the General Clauses Act 1897.