Having suffered the trauma of suspension from service himself, senior IPS officer Amitabh Thakur has now written a letter to the secretary, department of personnel and training, proposing certain changes in the suspension-related rules.
In his letter, Mr Thakur has said that he was suspended on December 31, 2004 and found not guilty three years later on May 10, 2007. He listed RTI information about many police officers and engineers in UP who were suspended on flimsy grounds and later found innocent or not guilty. He said that the employer has a right to suspend his employee pending an inquiry into his conduct, but as stated by the SC in state of Orissa V/S Bimal Kumar Mohanty (AIR 1994 SC 2296) and other cases, order of suspension shall not be passed in a routine manner because it has a disastrous impact on the employee in ways more than one. He has suggested that suspension-related rules should be amended so that a proper application of mind is required before exercising the power and action is taken only when there are substantial facts and reasons for suspension.
Also, in all such cases where these charge was not substantiated or the employee is completely exonerated, the case shall be scrutinised.