Did you Know? A government employee is deemed suspended if he is detained in custody for more than 48 hours.
Under Rule 10(2) of the CCS (CCA) Rules, 1965, a government employee in India is “deemed to have been placed under suspension” if they are detained in custody—whether for a criminal charge or otherwise—for more than 48 hours. This suspension is automatic from the date of detention.
No separate or formal suspension order is required. The suspension is imposed automatically after 48 hours. The 48-hour period starts from the moment of arrest/detention.
Similar rules apply if an employee is sentenced to imprisonment for more than 48 hours.
While suspended, the employee is generally eligible for subsistence allowance, usually at 50% of basic pay, provided they are not in prison.
If the employee is released, the deemed suspension continues until the disciplinary authority reviews the case and decides to reinstate or continue the suspension.
The suspension is not valid after 90 days unless extended by a review committee, except if the employee remains in detention beyond that time.
The rules also say that if an employee is arrested, it is their duty to inform their senior officer about the arrest and related details as soon as possible. If they fail to do so, it will be treated as hiding important information and may lead to disciplinary action.
In cases where a penalty like dismissal, removal, or compulsory retirement is later cancelled in appeal or review, and the case is sent back for further inquiry, the employee’s suspension will continue from the original date until new orders are issued.
If a court cancels such a penalty on technical grounds, the department can decide to conduct a fresh inquiry. In such situations, the employee will again be treated as under suspension from the original date of punishment.
The Supreme Court has also clarified that suspension under these rules is not limited only to the period of detention. It can continue even after the employee is released from custody, depending on the case.
