Subsistence allowance during suspension of govt. employee
sanjeev kumar
(Querist) 14 January 2014
This query is : Resolved
D/Law Experts,
I was convicted one year SI in 498A and was put under suspension wef 01-04-2013 and I was getting the subsistence allowance.On 01-10-2013, my appeal was dismissed by Session Court and I remained in jail from 01-10-13 to 09-01-14. Now I am on bail after suspension of my sentence and my appeal is pending in the HC. My employer has stopped my subsistence allowance. Kindly suggest what should I do to restore my subsistence allowance and to save from removal/dismissed from service?
Also in the bail orders,The Judge of HC has ordered me to clear arrear mntce within two weeks after releasing from jail,failing of which the other party is at liberty to move application for recalling of the bail orders. Actually the mntce allowance was being deducted from my monthly salary and after suspension my employer has stopped her mntce allowance also.This conditional bail has put me in fix as the arrear mntce is in lakhs.Kindly suggest what should I do to avoid cancellation of my bail.
with regards
sanjeev kr
Guest
(Expert) 14 January 2014
There are three different issues involved in your query:
1) Restoration of Subsistence Allowance by employer;
2) Saving yourself from removal/ dismissal; and
3) Payment of arrears of Maintenance Allowance, the deduction of which was stopped on stoppage of your salary.
YOU HAVE NOT STATED, what tour own lawyer has suggested you about all these issues.
However, pointwise replies are as follows;
(1) Evidently, your suspension from service was deemed suspension on account of your arrest by police and conviction thereafter. Further, the stoppage of your subsistence allowance was due to your automatic dismissal from service when you were convicted in the case. A disciplinary authority does not enjoy any discretion or power to keep a suspended employee on rolls of the department when he is convicted by a court of law. He is ordered to be dismissed from the date of judgment against him. SO, FOR THE TIME BEING YOU SHOULD FORGET ABOUT SUBSISTENCE ALLOWANCE TILL YOU ARE HONOURABLY EXONERATED BY THE HC ON YOUR APPEAL.
(2) As per Rules of the Government, you already stand dismissed from service on account of your conviction by the court of law. The only thing is that you need to get a copy of the official order on your dismissal, which you could not have been able to receive on account of your being already lodged in jail. So, again, you will have to wait till you are honourably exonerated by the HC on your appeal. If honourably exonerated by HC. Only after your exoneration, you can request the department to treat the priod of suspension and dismissal as duty for all purposes. If that happens, only then you would be able to get arrears of your pay for the period of suspension as well as the period from the date of dismissal till the date of exoneration. Otherwise not.
(3) None else, except some relief granted by the HC can help you, if that agrees on account of your financial conditions.
Now, it is up to your lawyer, how he likes to proceed in your case.
Rajendra K Goyal
(Expert) 14 January 2014
Discussed and well advised by the expert PS Dhingra, ji. Agree to it.
Rajeev Kumar
(Expert) 14 January 2014
I adhere with the advise of Dhingra Sir.
sanjeev kumar
(Querist) 14 January 2014
D/Fellows,
Thank you for the reply of my query. Kindly clarify am I entitled for any departmental benefits?
Guest
(Expert) 14 January 2014
Your entitlement for pension & gratuity can become valid only after you are reinstated in service on exoneration from the criminal charge by the court and retired on achieving the age of superannuation. If not exonerated, no reinstatement would be possible, and no retirement benefits.
Now, you can claim only GPF money, and the savings part of your Group Insurance Scheme, which are your own savings.
Raj Kumar Makkad
(Expert) 15 January 2014
I do endorse the wise and detailed advice of ld. Dhingra ji.
