Crs provisions.
Himadri Shekhar Bhattacharjee
(Querist) 11 May 2013
This query is : Resolved
Sir, A person working in a PSU bank has been kept suspended for 3 years and granted compulsory retirement after 3 years of suspension, without reinstating him in service. Can the salary and allowances for the period he was kept on suspension, ie.3 years can be withheld and CRS given as punitive step at the same time, since, it will construe to be two punishments at a time ? Shall the period of suspension be treated as period on duty and pay and allowances for the same be given? Please state the legal provisions in this regard.
Devajyoti Barman
(Expert) 11 May 2013
The provision for subsistence allowance is mandatory.
There is division of opinions among high courts and supreme court. In some decision the in reinstatement the period of suspension is not taken into account, while in some case the same is taken into account.
The same is with respect to arrears salary.
Raj Kumar Makkad
(Expert) 14 May 2013
The general view is that the period of suspension is treated as extra ordinary leave and full payment, if according to rules is permissible, is given for that period and VRS is implemented effective from the actual day of VRS.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
this is a case of suspension followed by major penalty. No scope of full wages.
