Payment of subsistence allowance-reg
T. K. Jacob
(Querist) 12 April 2012
This query is : Resolved
My institute comes under the Indian Council of Agricultural Research, New Delhi. Two of our permanent staff are implicated in criminal cases. (1) A lady staff murdered her husband and had been under Judicial custody for 168 days and finally she got bail. (2) A male staff had been arrested in connection with killing a deer and kept in police custody for more than 48 hours and released on bail. Both of them are under suspension from the date of their arrests. The office is paying subsistence to both of them at 50% of their salaries. The lady is being paid subsistence allowance for the last 3 years and the man is getting his subsistence allowance for the last 7 months. Their suspension is periodically reviewed by committees.
1. How long we can pay them subsistence allowance?
2. So far no charge sheets are issued. Whether charge sheets are to be issued and inquiry conducted?
Kindly advise me on the future course of action to be taken by the Office.
T.K. Jacob, Principal Scientist,
Indian Institute of Spices Research,
Calicut, Kerala
Guest
(Expert) 12 April 2012
Dear Shri Jacob,
Subsistence allowance is to be paid till the date of revocation of their suspension or dismissal/termination, as the case may be. Suspension can however be revoked if the police does not have any objection that being not related to departmental case. Concerned Police Station can be approached in writing for their opinion whether to continue with the suspension of the officials or not.
About Charge sheet, disciplinary proceeding can be held in abeyance by the disciplinary authority only till the investigation by police or CBI continues. The disciplinary authority, however, is free to initiate the proceedings by issue of appropriate charge sheet if the police investigation is already over and the case has been filed in the court of law. Departmental case can be on different angle for the misconduct, as an employee of the organisation, other than like a criminal case.
However, since the suspension is of the nature of deemed suspension on account of police case in criminal offence by the employee, it would be better, to wait for the court verdict, if severe major penalty is considered to be awarded by the disciplinary authority on account of moral turpitude, as the action could later on prove to be prejudiced if the accused persons are exonerated by court of law.
venkatesh Rao
(Expert) 13 April 2012
In my opinion, disciplinary proceedings are to be initiated at once.
T. K. Jacob
(Querist) 16 April 2012
Thank you sir, for your kind prompt reply.
T.K. Jacob, IISR, Calicut, Kerala.
Guest
(Expert) 16 April 2012
You are welcome, Mr. Jacob.
