How do disciplinary proceedings and suspension actually work against an IAS or IPS officer under the AIS Rules?

Discipline and suspension of All India Services (AIS) officers are governed by the All India Services (Discipline and Appeal) Rules, 1969. Suspension is by the State or Central Government; it must be followed by formal disciplinary proceedings within 90 days, or it lapses (unless the Centre records reasons in writing for an extension). Penalties range from censure to dismissal. The classic case study of frequent transfers as a de facto sanction is Ashok Khemka (1991 batch, Haryana IAS), transferred 57 times in 34 years and retired on 30 April 2025.

Every aspirant should know exactly how an AIS officer can be hauled up — both because integrity questions surface in Personality Tests, and because you will live under these rules from day one of service.

Governing law

Article 311 of the Constitution: no AIS officer can be dismissed, removed or reduced in rank except after an inquiry where they are informed of charges and given an opportunity to be heard.
All India Services (Discipline and Appeal) Rules, 1969: the operative procedural code.
AIS (Conduct) Rules, 1968: the substantive code of conduct (gifts, immovable property returns, political neutrality).

Penalties under the 1969 Rules

Minor penalties:

Censure.
Withholding of promotion.
Recovery from pay of any pecuniary loss caused.
Withholding of increments.

Major penalties: 5. Reduction to lower stage/rank. 6. Compulsory retirement. 7. Removal from service. 8. Dismissal from service.

Who can suspend?

Under Rule 3 of the AIS (D&A) Rules, 1969:

The Government under whom the officer is currently serving (State or Centre) can suspend.
The other Government may also be requested to suspend.
The Central Government has concurrent powers to suspend any AIS officer.

The 90-day rule

If an officer is suspended before formal proceedings begin, disciplinary proceedings must be initiated within 90 days, failing which the suspension lapses. The Centre may, by recording reasons in writing before the 90-day expiry, extend suspension without proceedings being initiated — but this is the exception, not the norm.

Steps in a typical inquiry

Articles of charge drawn up and served on the officer.
Officer files a written statement of defence.
If charges are denied, an inquiry officer (usually a serving or retired AIS officer of higher rank) is appointed.
Witnesses are examined; the charged officer can cross-examine and present defence.
Inquiry report is submitted to the disciplinary authority.
Officer is given a copy of the report and an opportunity to make a representation.
Final order passed by the disciplinary authority.
Appeals lie to the President (for major penalties on IAS/IPS); judicial review by the Central Administrative Tribunal (CAT) and then High Court/Supreme Court is available.

Suspension is not punishment

The Supreme Court has repeatedly held (e.g., in Union of India v. Ashok Kumar Aggarwal, 2013) that suspension is not a penalty but a preventive step pending inquiry. Subsistence allowance during suspension is normally 50% of pay (Rule 6 read with FR 53).

Frequent transfers as 'soft sanction' — the Ashok Khemka case

Ashok Khemka, 1991-batch IAS officer of Haryana cadre, was transferred 57 times in 34 years (some accounts put the figure at 66). He was best known for cancelling the mutation of the Skylight Hospitality (Robert Vadra-DLF) land deal in October 2012 in Gurgaon. He retired on 30 April 2025 as Additional Chief Secretary, Transport, Haryana. His career is the textbook example of how transfer policy — even without formal disciplinary action — can function as a punitive tool against an officer perceived as inconvenient.

This is why DoPT, after Supreme Court intervention in TSR Subramanian v. Union of India (2013), mandated:

Minimum 2-year fixed tenures for IAS officers at field posts.
Civil Services Boards to recommend transfers, reducing political discretion.
Implementation, however, remains patchy at the state level.

Worked scenario — what an SDM facing political pressure should do

Document every order in writing on file.
Never accept oral orders for irregular action — invoke Rule 11(2) of AIS (Conduct) Rules which requires oral instructions to be reduced to writing.
If transferred punitively, you can approach CAT under Section 19 of the AT Act, 1985 within 1 year.
Keep your APAR record clean and your immovable property returns updated annually — most disciplinary cases collapse because the prosecuting side cannot find an unrelated lapse to bolster the charge.

Mentor tip

A clean AIS officer with documented files is almost impossible to dismiss. The 1969 Rules, Article 311 and CAT jurisprudence are protective shields if you maintain integrity and paperwork. Read the Khemka playbook in detail — it is the closest thing to a survival manual for an honest district officer.