THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

(7) In a case falling under sub-rule (5), the period of suspension shall not be treated as aperiod spent on duty unless the competent authority specifically directs that it shall be sotreated for any specified purpose:Provided that if the Government servant so desires, such authority may order that theperiod of suspension shall be converted into leave of any kind due and admissible to theGovernment servant.Explanation.—The order of the competent authority under the preceding proviso shall be absoluteand no higher sanction shall be necessary for the grant of—(a) extraordinary leave in excess of six months in the case of a non-permanent Governmentservant; and(b) leave of any kind in excess of five years in the case of a permanent Government servant oran approved probationer.(8) The payment of allowances under sub-rule (2), sub-rule (3) or sub-rule (5) shall besubject to all other conditions under which such allowances are admissible.(9) The amount determined under the proviso to sub-rule (3) or under sub-rule (5) shall notbe less than the subsistence allowance and other allowances admissible under rule 53.2. The grant of pay and allowances or a proportion of them under rule 54 or 54-A or 54-Bdoes not cancel any officiating arrangements that may have been in force while theGovernment servant was under suspension or dismissal or removal or compulsory retirement.3. In deciding whether any pay and allowances should be granted under rule 54 or 54-A or54-B to a Government servant in temporary employ, the period for which the temporary posthas been sanctioned should be taken into consideration.(1) The cases of suspension during pendency of criminal proceedings or proceeding forarrest for debt or during detention under a law providing for preventive detention, shall bedealt with in the following manner hereafter:—(a) A Government servant who is detained in custody under any law providing forpreventive detention or as a result of a proceeding either on a criminal charge or for his arrestfor debt shall, if the period of detention exceeds 48 hours and unless he is already undersuspension, be deemed to be under suspension, from the date of detention until further ordersas contemplated in the Tamil Nadu Civil Services (Discipline and Appeal) Rules. AGovernment servant who is undergoing a sentence of imprisonment shall also be dealt with inthe same manner pending a decision on the disciplinary action to be taken against him;(b) A Government servant against whom a proceeding has been taken on a criminalcharge but who is not actually detained in custody (e.g. a person released on bail) may beplaced under suspension by an order of the competent authority under the Tamil Nadu CivilServices (Discipline and Appeal) Rules. If the charge is connected with the official position ofthe Government servant or involving any moral turpitude on his part, suspension shall beordered under this rule unless there are exceptional reasons for not adopting this course;(c) A Government servant against whom a proceeding has been taken for his arrestfor debt but who is not actually detained in custody may be placed under suspension by anorder under the Tamil Nadu Civil Services (Discipline and Appeal) Rules, i.e., only if adisciplinary proceeding against him is contemplated;(d) When a Government servant who is deemed to be under suspension in thecircumstances mentioned in clause (a) or who is suspended in the circumstances mentionedin clause (b) is reinstated without taking disciplinary proceedings against him, his pay andallowance for the period of suspension will be regulated under rule 54/54-B, i.e., in the event ofhis being acquitted of blame or if the proceeding taken against him was for his arrest for debtor its being proved that his liability arose from circumstance beyond his control or thedetention being held by any competent authority to be wholly unjustified, the case may bedealt with under rule 54(2)/54-B (3); otherwise it may be dealt with under rule 54(4)/54-B (5).4. The headquarters of a Government servant under suspension is his last place or duty. AGovernment servant under suspension may change is headquarters provided the competentauthority who has placed him under suspension is satisfied that such a course will not putGovernment to any extra expenditure like grant of travelling allowance.101