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If IAS, IPS officers remain in detention for over 48 hours confirmation of suspension not needed: India

NEW DELHI: There is no requirement for confirmation of suspension by the Central government in case an IAS, IPS or IFoS officer remains in detention/custody for more than 48 hours, the governmnet of India has said.

The clarification comes after the government received a number of queries regarding the issue of deemed suspension and the requirement of confirmation of suspension by it under the provisions of All India Services (Discipline and Appeal) Rules, 1969.

Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS) are the three All India Services.

According to existing provisions, “a member of the service who is detained in official custody whether on a criminal charge or otherwise for a period longer than 48 hours, shall be deemed to have been suspended by the government concerned under this rule”.

“The matter has been examined in light of 3(2) of AIS(D&A) Rules, 1969. Accordingly, it is clarified that in the cases of deemed suspension under Rule 3(2), the confirmation of suspension by the Central government is not required for the period that the government servant remains in detention/custody,” said an order issued by the Department of Personnel and Training (DoPT).

The question of confirmation of suspension would arise only when, after release from detention/custody, the government intends to continue with suspension, it added.

“In this event, if the period of suspension exceeds 30 days, the confirmation of suspension order by the Central government as envisaged under Rule 3(1) will be required within 30 days from the date of release or the date on which the fact of his release comes to the knowledge of the government,” said the order issued to chief secretaries of all state governments and secretaries of Home and Environment, Forest and Climate Change ministries.

Source: Press Trust of India

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