Suspension Rules
The Central government has clarified that CONFIRMATION OF SUSPENSION by the Central government is not required if an IAS, IPS, or IFoS officer remains in detention or custody for more than 48 hours.
This clarification was issued in response to numerous queries regarding the issue of deemed suspension and the requirement of confirmation of suspension under the All India Services (Discipline and Appeal) Rules, 1969.
As per the existing provisions, if a service member is detained in official custody for a period longer than 48 hours, they shall be deemed suspended by the concerned government under the rule mentioned above.
The question of confirming the suspension arises only when the government intends to continue with the suspension after the officer’s release from detention or custody.
In such cases, if the period of suspension exceeds 30 days, the confirmation of the suspension order by the Central government, as stipulated in Rule 3(1), will be required within 30 days from the date of release or the date on which the government becomes aware of the officer’s release.
The order has been communicated to the chief secretaries of all state governments and the secretaries of the Home and Environment, Forest, and Climate Change ministries.