Subsistence allowance during suspension
Himadri Shekhar Bhattacharjee
(Querist) 01 March 2011
This query is : Resolved
Sir,
I am a nationalised bank manager, presently under suspension and my suspension period has completed six months on 12th Feb'2011.But my bank is paying me subsistence allowance @1/3rd of pay.Please provide me the relevant guidelines.I have requested for enhancement of subsistence allowance on completion of six months of suspension,but the bank is continuing with 1/3rd of pay. Sir, please let me know what recourse is now open to me alongwith the guidelines. I am employed in Punjab National Bank.
Thanks.
Himadri Shekhar Bhattacharjee.
Guest
(Expert) 01 March 2011
YOU MAY KINDLY FILE A WRIT PETITION THE THE HIGH COURT FOR URGENT REMEDY.AS IT IS ILLEGALITY AND YOU MAY GET GOOD ORDER.GOOD LUCK.
Devajyoti Barman
(Expert) 01 March 2011
The CAT is the right forum to get the redressal.
Himadri Shekhar Bhattacharjee
(Querist) 01 March 2011
Sir, could you please let me know the full form of CAT.
Thanks.
Himadri Shekhar Bhattacharjee
Kirti Kar Tripathi
(Expert) 02 March 2011
No, you are Bank Employee, you will not get relief in CAT, The CAT is meant for Central Government Employees only. You have to file writ in High Court, which is the proper forum. the relevant rules for subsentence allowance during the suspension period of a bank officer are being produces herein below
The Indian Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 contemplate in Regulation 5 the authority to institute disciplinary proceedings and Regulation 6 deals with imposing of major penalties. Regulation 14 speaks about the subsistence allowance payable during suspension period, which states as follows: "14. Subsistence Allowance during suspension:
(1) An officer employee who is placed under suspension shall during the period of such suspension and subject to sub-regulations (2) to (4) be entitled to receive payment from the bank by way of subsistence allowance on the following scale, namely- (a) Basic Pay
(i)For the first three months of suspension, 1/3 of the Basic Pay which the officer employee was receiving on the date prior to the date of suspension irrespective of the nature of enquiry. (ii)For the subsequent period after 3 months from the date of suspension. (1)Where the enquiry is held departmentally by the bank, = of the basic pay the officer employees was drawing on the date prior to the date of suspension; and (2)Where the enquiry is held by an outside agency, 1/3 of the basic pay which the officer employee was drawing on the date prior to the date of suspension for t he next three months and = of the basic pay which the officer employee was drawing on the date prior to the date of suspension for the remaining period of the suspension. (b) Allowances
(1)For the entire period of suspension, dearness allowance and other allowances excepting conveyance allowance, entertainment allowance and special allowance will be calculated on the reduced pay as specified in items (1) and (ii) of clause (a) and at the prevailing rates or at rates applicable to similar category of officers. (2)During the period of suspension an officer employee shall not be entitled to occupation of rent-free house or free use of the Bank's car or receipt of conveyance or entertainment allowance or special allowance. (3) No officer employee of the Bank shall be entitled to receive payment of subsistence allowance unless he furnishes a certificate that he is not engaged in any other employment, business, profession or vocation. (4) If, during the period of suspension an officer employee retires by reason of his attaining the age of superannuation, no subsistence allowance shall be paid to him from the date of his retirement."
malipeddi jaggarao
(Expert) 03 March 2011
Expert Mr.Kirti Kar Tripathi advised you properly. Every Bank has its own Officer Employees (Discipline and Appeal) Regulations and they are more or less similar in every Bank. Please go through the Service Regulations of PNB. Paying subsistence allowance beyond six months is definitely not 1/3rd, but it is 50%. Study your Bank's regulations and file a writ for increase of allowance as per the regulations of the Bank. It is true that Banks do not adhere their own regulations in many cases. Filing writ with full facts is only the remedy.
