Ta da and subsitance allowance
vinit
(Querist) 09 November 2013
This query is : Resolved
SIR,
I AM SUSPENDED FRM BANK ON 19TH JUNE 2012. AND BANK ALSO LODGE FIR AGAINST ME ON 19TH JULY 2012. THE TRAIL IS IN COURT AND BANK ALSO START ENQUIRY. I WANT TO KNOW WILL TA DA WILL PAID TO ME TO ATTEND THE ENQUIRY BECAUSE INQURIY INITIATE OUTSTATION . I SENT THE 3 TA DA BILL TO MY BRANCH MANAGER BUT HE SAID THAT I AM NOT ELIGIBLE FOR IT BECAUSE I AM DEFENDED MYSELF , I ALSO WANT TO KNOW HOW MUCH SUBSITANCE ALLOWANCE PAID TO ME NOW. I ALSO WANT TO KNOW I AM NOT GETTING SINGLE BUGS OF SUBSITANCE ALLOWANCE IN CASH. MANAGEMENT PUT ALL SUBSITANCE ALLOWANCE TO MY LOAN ACCOUNT AND NOT PAID A SINGLE BUGS TO ME IN CASH. IS IT LEGAL. AND MANAGER PUT HOLD ON MY ACCOUNT FROM LAST ONE YEAR THEN HOW CAN I SURVIVE BECAUSE NO TA DA WILL PAID TO ME ATTEND INQUIRY FROM STARTING THE INQUIRY AND NO SUBSITANCE ALLOWANCE PAID TO ME IN CASH AND PUT HOLD ON MY ACCOUNT ALSO. PLEASE SUGGEST ME WHAT WILL I DO.
THANKS
R.K Nanda
(Expert) 09 November 2013
which is the bank?
Rajendra K Goyal
(Expert) 09 November 2013
Whether the Bank is Public Sector or Private Sector.
Raj Kumar Makkad
(Expert) 09 November 2013
It hardly matters whether the bank is private or public so far as disciplinary proceeding against its employee is concerned.
The subsistence allowance is meant for the survival. The banker is at fault when it is not crediting even a single penny for survival rather it is entirely crediting it in your loan amount. It is true that you shall have to continue your loan installments every month out of your subsistence allowance .
You are entitled for the grant of 75% of your salary as subsistence allowance as 6 months have expired from the date of suspension.
You are also entitled for the grant of TA but not DA. You can demand it through enquiry officer.
Do challenge the action of the employer first before enquiry officer and demand staying the proceeding till the management fulfills the legitimate demand raised by you failing which go to high court.
Sudhir Kumar, Advocate 
(Expert) 09 November 2013
Non-payment of subsistence allowance or TA/DA is per-se denial of opportunity to accused and any penalty given on the basis of the same is liable to be quashed.
IO needs to be apprised of such denial in writing.
The forum of remedy will depend upon the fact if the bank is Govt Bank or not.
Sudhir Kumar, Advocate
(Expert) 09 November 2013
no TA/DA will be admissible at this stage for attending criminal trial. Such charges can be reimbursed on exoneration on merits.
But due to this default of the bank you may abstain from attending DE but criminal trail will have to be attended to avoid cancellation of bail.
Sudhir Kumar, Advocate
(Expert) 09 November 2013
you have not intimated if the suspension is being reviewed after every 3 months.
Implication of non-review also depends on the fact if it is Govt bank.
R.K Nanda
(Expert) 10 November 2013
nothing more to add.
Rajendra K Goyal
(Expert) 11 November 2013
In Bank there are good defense representatives to defend delinquent employees / officers in such cases. Engage their services. They are happy to assist such employees and are not charging any thing from employees. Bank pays them TA etc. Subsistence allowance can not be adjusted in loans, inform the inquiry officer and disciplinary authority and in case of need to Labour Officer. You can read about procedure and Bank instructions on disciplinary proceedings in the Book brought out by your Bank.
malipeddi jaggarao
(Expert) 12 November 2013
I fully agree with the advice Shri Raj Kumar Makkad saheb. Bank can not appropriate the subsistence allwance to the loan accounts or freeze the account without allowing you to draw the money. As regards non-payment of TA, you have to represent to the Inquiry Auhority that you can not attend the inquiry if TA is not paid to you which is a legitimate entitlement. If the enquiry is being conducted at the place where you were last posted, you are not eligible for this TA also though you are residing at that place presently. In certain banks subsistance allowance is only 50% of the last drawn pay and allowances and in some banks it is 75% if it exceeds more than 6 months.
Send a legal notice to the bank to lift the lien on your account immediately and stop recovering the loan instalments. Your manager might not be aware of the legal implications. Meet him personally and tell him that his actions are illegal and you will hold him personally if he does not lift the lien and stop recovery of instalments.
Rajendra K Goyal
(Expert) 12 November 2013
Agree with the expert malipeddi jaggarao ji, nothing more to add.
Ms.Nirmala P.Rao
(Expert) 13 November 2013
Dear Mr.Vinit,
Normally, you are entitled to payment of TA,DA etc if your service rules provide for the same. If you are put under suspension during Departmental proceedings, you'd be entitled to 50% subsistence allowance of your total or gross earnings etc. If you are denied subsistence allowance of 50% during suspension, it is against section 10 A of the Standing Orders Act and also violative of your Right To life and personal liberty etc under Article 21 and Art 309 of the Constitution of India. You are even entitled to engaging a Legal Practitioner, if the enquiry is complicated or EO is legally well qualified etc. File a Writ of Mandamus in High Court seeking a direction to your employers to pay you TA,DA and subsistence allowance etc and your employers are duty bound under the Constitution to provide you all the above. Please see- Capt M Paul Anthony vs. Bharat Gold Mines Ltd & another AIR 1999 SC 1416.
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Ms.Nirmala P.Rao
(Expert) 13 November 2013
Dear Mr.Vinit,
Normally, you are entitled to payment of TA,DA etc if your service rules provide for the same. If you are put under suspension during Departmental proceedings, you'd be entitled to 50% subsistence allowance of your total or gross earnings etc. If you are denied subsistence allowance of 50% during suspension, it is against section 10 A of the Standing Orders Act and also violative of your Right To life and personal liberty etc under Article 21 and Art 309 of the Constitution of India. You are even entitled to engaging a Legal Practitioner, if the enquiry is complicated or EO is legally well qualified etc. File a Writ of Mandamus in High Court seeking a direction to your employers to pay you TA,DA and subsistence allowance etc and your employers are duty bound under the Constitution to provide you all the above. Please see- Capt M Paul Anthony vs. Bharat Gold Mines Ltd & another AIR 1999 SC 1416.
If you wish to thank me for this reply please click the Thank you button on my profile.
