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Subsistence Allowance during Suspension Pending enquiry

Where disciplinary proceedings against an employee is contemplated or is pending or where criminal proceedings against him in respect of any offence or under investigation or trial and the employer is satisfied that it is necessary or desirable to place the employee under suspension, he may, by order in writing, suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the employee within a week from the date of suspension.

  • An employee who is placed under suspension under clause (a) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely:-
  • Where the enquiry contemplated or pending is departmental the subsistence allowance shall, for the first ninety days from the date of suspension, be equal to one half of the basic salary, dearness allowance and other compensatory allowances to which the employee would have been entitled if he were on leave with pay. If the department enquiry gets prolonged and the employee continues to be under suspension, for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic pay, dearness allowance and other compensatory allowances; Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the employee, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one fourth of such basic pay, dearness allowance and other compensatory allowances.
  • Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against the employee are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be equal to one-half of his basic pay, dearness allowance and other compensatory allowances to which the employee would have been entitled to, if he were on leave. If such enquiry or criminal proceedings gets prolonged and the employee continues to be under suspension for a period exceeding one hundred and eighty days, the subsistence allowances shall be for such period be equal to three- fourths of such salary. Provided that where such enquiry or criminal proceedings is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the employee, the subsistence allowance shall, for a period exceeding one hundred and eighty days, be reduced to one-fourth of such salary. 
  • If on the conclusion of the enquiry or as the case may be of the criminal proceedings, the employee has been found guilty of Charges framed against him and it is considered, after giving the employee concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment of reduction in rank would meet the ends of justice, the Management shall pass an order accordingly.
  • In case the order of dismissal is issued to the employee, he shall be deemed to have been absent for duty during the period of suspension and shall not be entitled for salary for such period, but the subsistence allowance paid to him shall not be recovered.
  • In case of other penalties imposed against the employee, he shall be deemed to have been absent for duty during the period of suspension and shall not be entitled for salary for  such period, but the subsistence allowance paid to him shall not be recovered. In case of other penalties imposed against the employee, the Management shall decide as to how the period of suspension shall be treated and decision of the Management shall be final.
  • If on the conclusion of the enquiry, or as the case may be of the criminal proceedings, the employee has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same salary as he would have received if he had not been under suspension, after deduction the subsistence allowances paid to him for such period.
  • The payment of subsistence allowance under these service Rules shall be subject to the employee concerned not talking up any employment during the period of suspension.
  • The enquiry may be held by an outside person or by the officer of the establishment. But, in case the employee admits the charges of misconduct unconditionally, he shall be
    punished without holding enquiry.
  • In the proceedings before the Departmental enquiry, the concerned employee shall be entitled, if he so desires to be assisted by a co-employee. The employee will be offered
    reasonable opportunity to defend himself.
  • In awarding punishment under these Service Rules, the Management shall take into account the gravity of misconduct, the previous record if any of the employee and any
    other extenuating circumstances that may exist. A copy of the order shall be supplied to the employee concerned.