This is Set 6 of 40 in the smartvidya question bank on the Central Civil Services (Classification, Control and Appeal) Rules, 1965, with the latest amendments and DoPT instructions. Part II: Suspension. This set covers Rule 10(2), (3), (4): 48 hours custody, conviction, setting aside of penalty.
Try each question first, then tap Show answer to see the correct option, a short explanation and the section or rule reference. The questions are useful for departmental and promotion examinations, for disciplinary authorities, inquiring and presenting officers, and vigilance staff.
Set 6: Suspension II: Deemed Suspension
1. A Government servant is deemed to be under suspension under Rule 10(2)(a) if he is detained in custody for a period exceeding how long?
(a) Forty-eight hours
(b) Seventy-two hours
(c) Seven days
(d) Twenty-four hours
Ans. (a) Forty-eight hours — Explanation: Rule 10(2)(a) deems a Government servant suspended if he is detained in custody, on a criminal charge or otherwise, for a period exceeding forty-eight hours. [Ref: Rule 10(2)(a)]
2. A Government servant is held in preventive detention for four days without any criminal charge. What is his position under Rule 10(2)?
(a) He is treated as on leave for the period of detention
(b) He is deemed suspended only if the detention exceeds fifteen days
(c) He is deemed to be under suspension, as detention "on a criminal charge or otherwise" is covered
(d) He is not deemed suspended because there is no criminal charge
Ans. (c) He is deemed to be under suspension, as detention "on a criminal charge or otherwise" is covered — Explanation: Rule 10(2)(a) applies to custody whether on a criminal charge or otherwise, so preventive detention beyond forty-eight hours attracts deemed suspension. [Ref: Rule 10(2)(a)]
3. From which date does deemed suspension under Rule 10(2)(a) take effect?
(a) From the date the forty-eight hours expire
(b) From the date of detention
(c) From the date of filing of the police charge-sheet
(d) From the date the department issues an order
Ans. (b) From the date of detention — Explanation: The Government servant is deemed to have been suspended with effect from the date of his detention, not from the end of the forty-eight hours. [Ref: Rule 10(2)(a)]
4. Under Rule 10(2)(b), when is a convicted Government servant deemed to be under suspension?
(a) When convicted of any offence, even if sentenced only to a fine
(b) Only when he is sentenced to imprisonment exceeding one year
(c) Only when the conviction is upheld by the High Court
(d) When sentenced to imprisonment exceeding forty-eight hours and not forthwith dismissed, removed or compulsorily retired
Ans. (d) When sentenced to imprisonment exceeding forty-eight hours and not forthwith dismissed, removed or compulsorily retired — Explanation: Rule 10(2)(b) applies on conviction with a sentence of imprisonment exceeding forty-eight hours, unless he is forthwith dismissed, removed or compulsorily retired. [Ref: Rule 10(2)(b)]
5. From which date is a Government servant deemed suspended under Rule 10(2)(b)?
(a) From the date of his conviction
(b) From the date of registration of the FIR
(c) From the date of arrest in the case
(d) From the date of the appellate judgment
Ans. (a) From the date of his conviction — Explanation: Rule 10(2)(b) deems him suspended with effect from the date of conviction. [Ref: Rule 10(2)(b)]
6. According to the Explanation to Rule 10(2), how is the period of forty-eight hours in clause (b) computed?
(a) From the date the judgment is communicated to the department
(b) From the commencement of imprisonment after conviction, taking intermittent periods of imprisonment into account
(c) From the date of arrest, counting only continuous custody
(d) From the date of the offence, excluding any period on bail
Ans. (b) From the commencement of imprisonment after conviction, taking intermittent periods of imprisonment into account — Explanation: The Explanation provides that the forty-eight hours are computed from the commencement of imprisonment after conviction and intermittent periods of imprisonment are taken into account. [Ref: Rule 10(2), Explanation]
7. Deemed suspension under Rule 10(2) is treated as having been ordered by which authority?
(a) The court that remanded him to custody
(b) The police officer who made the arrest
(c) The appointing authority
(d) The head of office where he was working
Ans. (c) The appointing authority — Explanation: Rule 10(2) states that the Government servant shall be deemed to have been suspended by an order of the appointing authority. [Ref: Rule 10(2)]
8. A Government servant is arrested and released on bail after thirty hours. What is the position under Rule 10?
(a) He is not deemed suspended, but may be suspended under Rule 10(1)(b) if the facts warrant
(b) He is deemed suspended only if bail is later cancelled
(c) He is deemed suspended from the date of arrest
(d) He must be suspended under Rule 10(1)(b) in every such case
Ans. (a) He is not deemed suspended, but may be suspended under Rule 10(1)(b) if the facts warrant — Explanation: Custody did not exceed forty-eight hours, so Rule 10(2) is not attracted; the competent authority may still consider suspension under Rule 10(1)(b) on the merits. [Ref: Rule 10(1)(b) and 10(2)(a)]
9. After conviction, a Government servant undergoes imprisonment in two spells of thirty hours and twenty hours. He is not dismissed. What follows?
(a) He is not deemed suspended, as neither spell exceeded forty-eight hours
(b) He is deemed suspended only on confirmation of the sentence in appeal
(c) He is deemed suspended only if the second spell exceeds forty-eight hours
(d) He is deemed suspended, as intermittent periods are added and the total exceeds forty-eight hours
Ans. (d) He is deemed suspended, as intermittent periods are added and the total exceeds forty-eight hours — Explanation: The Explanation to Rule 10(2) requires intermittent periods of imprisonment to be taken into account; fifty hours exceeds the limit. [Ref: Rule 10(2), Explanation]
10. A penalty of dismissal imposed on a Government servant under suspension is set aside in appeal and the case is remitted for further inquiry. What happens to the suspension?
(a) It is deemed to have started from the date of the appellate order
(b) It is deemed to have continued in force from the date of the original order of dismissal
(c) It must be freshly ordered after a new review
(d) It ends automatically on the date of the appellate order
Ans. (b) It is deemed to have continued in force from the date of the original order of dismissal — Explanation: Rule 10(3) deems the suspension to have continued from the date of the original penalty order and to remain in force until further orders. [Ref: Rule 10(3)]
11. A court sets aside a dismissal and the disciplinary authority decides to hold a further inquiry on the same allegations. What is the position under Rule 10(4)?
(a) He must be reinstated and cannot be suspended again
(b) He is deemed suspended only if the court so directs
(c) He is deemed placed under suspension by the appointing authority from the date of the original order of dismissal
(d) He is deemed suspended from the date of the court's judgment
Ans. (c) He is deemed placed under suspension by the appointing authority from the date of the original order of dismissal — Explanation: Rule 10(4) deems him suspended by the appointing authority from the date of the original penalty order, and the suspension continues until further orders. [Ref: Rule 10(4)]
12. Under the proviso to Rule 10(4), in which situation may a further inquiry be ordered after a court sets aside the penalty?
(a) Where the court examined the merits and found the charges not proved
(b) Where the Government servant has retired in the meantime
(c) Where the court passed its order purely on technical grounds without going into the merits of the case
(d) Where the disciplinary authority disagrees with the court's view on facts
Ans. (c) Where the court passed its order purely on technical grounds without going into the merits of the case — Explanation: The proviso permits further inquiry only to meet a situation where the court decided purely on technical grounds without examining the merits. [Ref: Rule 10(4), proviso]
13. A court quashes a dismissal order after examining the evidence and holding the charges baseless. Can the disciplinary authority hold a further inquiry and invoke deemed suspension under Rule 10(4)?
(a) No; further inquiry is permissible only where the court's order was purely on technical grounds
(b) Yes; Rule 10(4) applies whenever a court sets aside a penalty
(c) Yes, but only with the UPSC's advice
(d) Yes, after obtaining a review under Rule 29-A
Ans. (a) No; further inquiry is permissible only where the court's order was purely on technical grounds — Explanation: Since the court decided on merits, the proviso to Rule 10(4) bars a further inquiry, and deemed suspension under that sub-rule cannot arise. [Ref: Rule 10(4), proviso]
14. Rule 10(3) applies when a penalty of dismissal, removal or compulsory retirement is set aside in what manner?
(a) In appeal or on review under these rules, with the case remitted for further inquiry or action
(b) By a court of law on merits
(c) By the Government servant's own representation to the head of office
(d) By the UPSC in its advice
Ans. (a) In appeal or on review under these rules, with the case remitted for further inquiry or action — Explanation: Rule 10(3) covers setting aside under the Rules themselves, in appeal or review; setting aside by a court falls under Rule 10(4). [Ref: Rule 10(3) and 10(4)]
15. Rule 10(3) applies to a penalty of dismissal, removal or compulsory retirement imposed on which Government servant?
(a) Any Government servant, whether or not ever suspended
(b) Only a Government servant convicted by a court
(c) A Government servant who was under suspension when the penalty was imposed
(d) Only a Group A officer
Ans. (c) A Government servant who was under suspension when the penalty was imposed — Explanation: Rule 10(3) speaks of a penalty imposed upon a Government servant under suspension, whose suspension is then deemed to have continued. [Ref: Rule 10(3)]
16. According to Government instructions, what is a Government servant who is arrested required to do?
(a) Inform the department only if custody exceeds forty-eight hours
(b) Promptly inform his official superior of the arrest and its circumstances, even if released on bail
(c) Inform only the UPSC
(d) Inform the department only if he is convicted
Ans. (b) Promptly inform his official superior of the arrest and its circumstances, even if released on bail — Explanation: Government decisions under Rule 10 require prompt intimation of arrest to the official superior; failure to do so can itself attract disciplinary action. [Ref: Rule 10, Government of India decisions]
17. Is a separate order of suspension necessary for deemed suspension under Rule 10(2) to take effect?
(a) No, but the court must issue a direction
(b) No; it operates by force of the rule, though a formal order recording it is usually issued
(c) Yes; it takes effect only from the date of the order
(d) Yes; without a reasoned order it has no effect
Ans. (b) No; it operates by force of the rule, though a formal order recording it is usually issued — Explanation: Deemed suspension arises automatically under Rule 10(2); an order is normally issued only to record the fact and its date of effect. [Ref: Rule 10(2)]
18. A Government servant is convicted and sentenced to three years' imprisonment, and the disciplinary authority dismisses him forthwith under the special procedure. Is he deemed suspended under Rule 10(2)(b)?
(a) Yes, until the appeal against conviction is decided
(b) No, because sentences above two years are excluded
(c) No; Rule 10(2)(b) applies only where he is not forthwith dismissed, removed or compulsorily retired
(d) Yes; deemed suspension continues alongside dismissal
Ans. (c) No; Rule 10(2)(b) applies only where he is not forthwith dismissed, removed or compulsorily retired — Explanation: Rule 10(2)(b) is attracted only when he is not forthwith dismissed, removed or compulsorily retired consequent to the conviction. [Ref: Rule 10(2)(b)]
19. A Government servant is convicted and sentenced only to pay a fine. What is the position under Rule 10(2)(b)?
(a) He is deemed suspended until the fine is paid
(b) He is deemed suspended only if the fine exceeds a prescribed amount
(c) He is deemed suspended from the date of conviction
(d) He is not deemed suspended, as there is no sentence of imprisonment exceeding forty-eight hours
Ans. (d) He is not deemed suspended, as there is no sentence of imprisonment exceeding forty-eight hours — Explanation: Rule 10(2)(b) requires a sentence of imprisonment exceeding forty-eight hours; a fine alone does not attract deemed suspension. [Ref: Rule 10(2)(b)]
20. A Government servant is held in police custody for exactly forty-eight hours and then released. Is he deemed suspended?
(a) Only if the arrest was for an offence connected with his duties
(b) Yes, from the date of release
(c) Yes; custody of forty-eight hours or more is enough
(d) No; the rule requires custody for a period exceeding forty-eight hours
Ans. (d) No; the rule requires custody for a period exceeding forty-eight hours — Explanation: Rule 10(2)(a) uses the words "exceeding forty-eight hours", so custody of exactly forty-eight hours does not attract it. [Ref: Rule 10(2)(a)]
21. For deemed suspension under Rule 10(2)(a), which kinds of custody are counted?
(a) Only judicial custody
(b) Only custody after a charge-sheet is filed in court
(c) Only police custody
(d) Both police custody and judicial custody
Ans. (d) Both police custody and judicial custody — Explanation: The rule speaks of detention in custody, whether on a criminal charge or otherwise, without distinguishing police from judicial custody. [Ref: Rule 10(2)(a)]
22. Which sub-rule of Rule 10 deals with suspension where a penalty is set aside by a court of law?
(a) Rule 10(6)
(b) Rule 10(4)
(c) Rule 10(3)
(d) Rule 10(2)
Ans. (b) Rule 10(4) — Explanation: Rule 10(3) deals with setting aside in appeal or review under the Rules, while Rule 10(4) deals with setting aside by a court. [Ref: Rule 10(4)]
23. Consider the statements: (i) Deemed suspension under Rule 10(2) takes effect only after the competent authority passes a reasoned order. (ii) Detention in custody exceeding forty-eight hours otherwise than on a criminal charge also attracts Rule 10(2)(a). Which is/are correct?
(a) Only (i)
(b) Only (ii)
(c) Both (i) and (ii)
(d) Neither (i) nor (ii)
Ans. (b) Only (ii) — Explanation: Deemed suspension arises by operation of the rule without any reasoned order, and Rule 10(2)(a) covers custody on a criminal charge or otherwise. [Ref: Rule 10(2)(a)]
24. Assertion (A): A Government servant whose dismissal is set aside by a court on a technical ground may be treated as under suspension if the disciplinary authority decides to hold a further inquiry. Reason (R): Rule 10(4) deems him suspended by the appointing authority from the date of the original order of dismissal.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Ans. (a) Both A and R are true and R is the correct explanation of A — Explanation: Rule 10(4) is the very provision that creates the deemed suspension in this situation, so R explains A. [Ref: Rule 10(4)]
25. Assertion (A): A Government servant convicted and sentenced to two years' imprisonment who is dismissed forthwith is deemed suspended from the date of conviction. Reason (R): Rule 10(2)(b) applies only where the Government servant is not forthwith dismissed, removed or compulsorily retired.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Ans. (d) A is false but R is true — Explanation: Because he was dismissed forthwith, Rule 10(2)(b) is not attracted, so the assertion is false while the reason correctly states the rule. [Ref: Rule 10(2)(b)]
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These questions are prepared for practice from the Central Civil Services (Classification, Control and Appeal) Rules, 1965 as amended (including the 2014, 2017, 2022 and January 2026 amendments), DoPT and CVC instructions, and Supreme Court judgments. Check the latest DoPT notifications and orders before relying on any detail.