Assam Government Mandates Charge Sheets for Suspended Employees Within 90 Days

STAFF REPORTER

GUWAHATI: The Government Assam has tightened the rules governing the suspension of state government employees, making it mandatory for disciplinary authorities to serve a memorandum of charges or charge sheet within 90 days of the suspension order.

The Department of Personnel, through an order issued on the directions of Chief Minister Dr Himanta Biswa Sarma, has reiterated strict compliance with the Supreme Court's guidelines in the landmark Ajay Kumar Choudhary vs Union of India case. The new order also supersedes the earlier Office Memorandum issued on February 4, 2020.

The government has expressed concern over delays in framing and serving charge sheets to suspended employees, which often lead to legal complications. It has directed all senior-most departmental secretaries to ensure that charge sheets are formally served within the stipulated 90-day period.

In exceptional circumstances where a charge sheet cannot be served within 90 days due to unavoidable procedural reasons, the disciplinary authority must issue a reasoned order extending the suspension before the expiry of the initial 90-day period. A copy of the order must also be provided to the suspended employee.

The order clarifies that disciplinary authorities must prepare charge sheets themselves instead of waiting for subordinate offices to submit draft memoranda. Subordinate offices will only be required to provide factual reports, relevant documents, evidence and details of witnesses.

In cases involving officers on deputation or serving in other departments, the borrowing department must initiate the process of repatriating the officer to the parent department and forward a preliminary report of the allegations. The parent department will then be responsible for framing the charges and initiating disciplinary proceedings.

The government has also directed that disciplinary proceedings in criminal, bribery, trap and corruption cases should not be held up pending completion of police investigations or submission of a criminal charge sheet. Investigating agencies, including the Directorate of Vigilance and Anti-Corruption, Assam, and the police authorities concerned, must provide preliminary evidence, including FIRs, arrest and seizure memoranda and initial reports, to the disciplinary authority within one month of arrest or initiation of investigation.

The order further mandates periodic reviews of suspension cases every 90 days, including after the issuance of charge sheets. Any decision to continue suspension must be supported by a reasoned order, with a copy furnished to the concerned employee.

In cases involving bribery, corruption, trap operations and serious criminal offences involving moral turpitude, authorities have been directed to give considerable weight to the gravity of allegations and public interest while reviewing suspension. Revocation of suspension before the conclusion of disciplinary proceedings and criminal trials will require a detailed speaking order by the senior-most departmental secretary, with prior approval of the Minister-in-Charge and the Chief Minister.

The order also requires disciplinary authorities to ensure timely payment of subsistence allowance to suspended employees, subject to submission of the prescribed non-employment certificate. Reviewing authorities must verify regular payment of the allowance during periodic reviews.

Employees under suspension will also be assigned designated headquarters and will not be permitted to leave without prior written permission. Any failure to cooperate, including evading service of charge sheets, non-submission of non-employment certificates or unauthorised absence from headquarters, will be recorded and may constitute grounds for extending suspension.

For closer monitoring, all departments have been directed to submit monthly reports to the Personnel Department by the last working day of every month, detailing suspension orders, service of charge sheets, periodic reviews, extensions and the status of disciplinary proceedings. The Personnel Department will place a consolidated report before the Chief Secretary during the monthly review meeting.