lalit pant (manager) 15 June 2013

Salaryforsuspensionperiod

Dear experts

in a case an employee was suspended. the enquiry concluded after 2 years (delay on part of employer) with punishment of compulsary retirement treating suspension period not spent on duty. My querry is that since suspension is not a punishment but subsistence allowance is paid during suspension which is a very small part of regular wages will and employee is entitled for full wages during suspension period as the punishment imposed is effective from date of final order and not giving full wages for suspension period would mean double punishment for one misconduct.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 15 June 2013

You have to file writ in High Court, which is the proper forum. the relevant rules for subsentence allowance during the suspension period of an officer are being produces herein below

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 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 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 r or receipt of conveyance or entertainment allowance or special allowance. (3) No officer employee 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."