The young IAS officer can be placed under suspension beyond three months only if her suspension order is confirmed by the central government. Even in that case, she cannot be placed under suspension beyond one year.
The All India Services (Discipline and Appeal) Rules says that the state can keep the officer under suspension for maximum 90 days, pending disciplinary proceedings.
The central government (ministry of personnel which is the cadre controlling authority of all IAS officers in the country) can either confirm or deny the state's suspension order based on report of the departmental proceedings.
Under the rule, the state cannot delay the report beyond 90 days (initially 45 days which may be further extended to another 45 days) — that means Uttar Pradesh government cannot put Nagpal under suspension, pending disciplinary proceedings, beyond three months without being conformed by the Centre.
During disciplinary proceedings, the IAS officer has to present her reply through her superior to the chief secretary.
The chief secretary, being the top bureaucrat in the state, can take a call to either continue the suspension or revoke it depending on report of the disciplinary proceedings.
State will then have to send the report to the Centre for confirmation. Opinion of the central government will prevail after processing the report.
If Centre goes by the state's report, the suspended officer can move to the central administrative tribunal (CAT) for "revocation" or "stay" of the suspension order.
The CAT (which deals with officers' service matters) acts as the arbiter — decides on the basis of the Centre's recommendations and those of the state government. It also takes into account the officer's version. It judges if the state government followed due procedures as per service rules in suspending officer.
The period of suspension on the charges other than corruption will not exceed one year, pending further departmental inquiry. If the inquiry is not completed within one year, the suspension order will automatically stand revoked.
Suspension of IAS officer can continue beyond one year only on the recommendations of the central ministry's review committee. This stage, however, comes only in the case of serious disciplinary charges against an officer.
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