Domestic enquiry

Querist : Anonymous (Querist) 02 September 2011 This query is : Resolved
whether a teacher can be terminated by final order without paying subsistance allowance

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PARTHA P BORBORA (Expert) 02 September 2011
YOUR QUERY IS NOT CLEAR.

K.S.Srinivas (Expert) 02 September 2011
If he is already placed under suspension before issue of final order, then subsistence allowance shall be paid for the period of suspension, even though termination orders are issued.

R.Ramachandran (Expert) 03 September 2011
Termination order after enquiry and disciplinary proceedings can definitely be issued. But the official concerned is entitled to the applicable subsistance allowance for the period of suspension. There may be delay in payment of the same, but that will not in any way come in the way of issuance of termination order.

Guest (Expert) 03 September 2011
Subsistence allowance is payable only for the period of suspension of the employee till the date of his removal, if terminated. For service during the domestic inquiry period he would already have been paid salary due.

prabhakar singh (Expert) 03 September 2011
i agree with experts.

Advocate. Arunagiri (Expert) 03 September 2011
Till the termination period, the teacher is entitled to the salary or subsistence allowance.

After the termination there is no salary or subsistence allowance.

M/s. Y-not legal services (Expert) 03 September 2011
Experts gave their valuable reply. Even your query is not clear. Its incomplete..

Querist : Anonymous (Querist) 05 September 2011
thanx for valuable reply. Teacher has now approached education appellate tribunal(EAT)/district court. Issue raised is enquiry and termination order is vitiated for non payment of subsistance allowance during suspension and enquiry. Kindly clarify legal position with case law if any.
thanx in advance

girish shringi (Expert) 06 September 2011
You will be entitled for the same as per Act.

Subject to any special provision in your state for the employees.

Guest (Expert) 06 September 2011
Subsistence allowance is the legal right of a suspended employee, which cannot be denied.

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