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 Centre 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.
There are three all India services -- Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS).
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 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 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.
Chandigarh | The Punjab Assembly on Tuesday passed a bill that appears to circumvent the role of the Union Public Service Commission in selecting the state police chief.
According to the amendment bill, a state-appointed committee will come up with a panel of three Indian Police Service (IPS) officers to be considered for the post of the Director General of Police. The state government will then pick one of them.
According to the current practice, however, the states send the name of all
eligible officers to the Centre's UPSC. The UPSC then picks three officers, from which the state government chooses one.
The Punjab Police (Amendment) Bill, 2023 substitutes a provision in the Punjab Police Act, 2007 while laying down the procedure for selection of the head of the police force in state.
The Bill was passed without any opposition in the Aam Aadmi Party-dominated House. The main opposition Congress had walked out earlier in the day and the BJP had boycotted the two-day special session.
The Bill becomes law only after the Governor's assent.
Earlier Tuesday, the Assembly passed a Bill that replaces the Governor with the chief minister as the chancellor of all state universities.