Whether susistenxe allowance can be reduced during suspensio
jyoti
(Querist) 03 June 2018
This query is : Resolved
A SBI officer was suspended. The punishment was awarded. He was reduced by two grade. But the suspension order has not been withdrawn on the ground that another allegation has been pending about the same unit which was not known at the time of suspension. Whether the punishment can be effected without reinstatement and subsistence allowance be reduced with the basic as per the reduction of grade? Whether suspension can be continued without intimating the officer?
Ms.Usha Kapoor
(Expert) 03 June 2018
No! suspension cannot be continued indefinitely without intimating the officer.After a 2 year period all suspension orders should come to an end. If the suspended employee is guilty or charged with corruption, Misconduct, Misappropriation, illegal gratification or bribe his sustenance allowance may be reduced by 50%.
Sudhir Kumar, Advocate
(Expert) 03 June 2018
he never said that suspension is continuing without review. There is no law which says that suspension cannot continue beyond one year.
In this case the suspended employee has already been punished by reduction and another case is one the record. Here when the salary is reduced the subsistence allowance can will also be reduced.
jyoti
(Querist) 03 June 2018
The subsistence allowance is based on salary previous to suspension. The suspension was done for particular charges. The penalty can be imposed but can it be implemented without reinstatement? If there is a fresh charge sheet which is yet to be issued there can be a fresh suspension. But can the employer continue the suspension after culmination without intimating the employee?
Ms.Usha Kapoor
(Expert) 04 June 2018
AFTER reinstatement ONLY PENALTY WILL BE IMPOSED.FRESH CHARGE SHEET CAN BED ISSUED AND FRESH SUSPENSION ORDERS WILL BE PASSED. EMPLOYEE HAS TO BE INTIMATED ABOUT fresh SUSPENSION. WHICH IN MY VIEW IS ILLEGAL. AND AGAINST PRINCIPLES OF NATURAL JUSTICE ON MANAGEMENT PART.
Dr J C Vashista
(Expert) 04 June 2018
The author (Ms Jyoti) you are right, suspense has to be revoked before reinstatement followed by punishment qua the charge against which delinquent official was suspended/charged.
However, subsistence allowance has to be reviewed and awarded in favour of suspended/charged official after specified period.
Subsequent occasion to suspend the same official is altogether fresh and independent of existing/ previous charge/punishment.
Guest
(Expert) 04 June 2018
Can you please state, in what way, you are concerned with the case of the SBI Officer and what is the source of your information that the suspension was been continued on the ground of another allegation?
Your query becomes quite hypothetical and imaginary one in the absence of the following information, which you may please provide in addition to the information sought above about your own concern with the case of the officer:
1. Has the officer received any order of the competent authority on continuation of suspension any time after review by the competent authority?
2. Has the officer received another charge sheet in another allegation while during the course of the inquiry proceeding on the first allegation or after inquiry, but before issue of the penalty order?
3. Has the officer received any order reducing the subsistence allowance quoting any reason like the pending another allegation or some other ground?
4. Is the officer being paid the reduced amount of subsistence allowance, and if so, whether after review of the suspension order during the course of the inquiry proceedings or after issue of the penalty order by the disciplinary authority?
No purposeful opinion can be formed in the absence of information on the above mentioned points.
Guest
(Expert) 04 June 2018
Can you please state, in what way, you are concerned with the case of the SBI Officer and what is the source of your information that the suspension was been continued on the ground of another allegation?
Your query becomes quite hypothetical and imaginary one in the absence of the following information, which you may please provide in addition to the information sought above about your own concern with the case of the officer:
1. Has the officer received any order of the competent authority on continuation of suspension any time after review by the competent authority?
2. Has the officer received another charge sheet in another allegation while during the course of the inquiry proceeding on the first allegation or after inquiry, but before issue of the penalty order?
3. Has the officer received any order reducing the subsistence allowance quoting any reason like the pending another allegation or some other ground?
4. Is the officer being paid the reduced amount of subsistence allowance, and if so, whether after review of the suspension order during the course of the inquiry proceedings or after issue of the penalty order by the disciplinary authority?
No purposeful opinion can be formed in the absence of information on the above mentioned points.
