1000 TIT BITS ON DISCIPLINE -109
411. Extending the suspension beyond 180 days at a time
The authority competent to suspend shall not independently extend the suspension beyond 90 days. The committee also should not recommend continuing suspension beyond 180 days at a time.
412. “When no reasonable ground to claim continued suspension, reinstatement is to be ordered in the public interest.”
[C.V. Zaide V UOI 1989 (4) SLJ (CAT) 707 (Ernakulam)].
413. Full pay for the unjustified suspension
“Where the departmental proceedings ended with the imposition of minor penalty against a suspended employee, the suspension can be said to be wholly unjustified in terms of FR 54(B). Therefore, the employee concerned should be paid full pay and allowances for the period of suspension.
[DOPT OM NO.11012/15/85 –Estt(A) dtd 03.12.1985]
414. Review within 90 days
“The position as it emerges with the addition of Sub Rule (6) (7) of Rule 10 of the CCS (CCA) Rules 1965 is that a review before the expiry of 90 days from the Date of suspension is a must and if not done it will invalidate the suspension of the employee on the expiry of 90 days unless it is reviewed and extended for a period not exceeding 180days at a time. The above position has been upheld by the Hon’ble Supreme Court in the case of UOI V Dipak Mali (CA 6661 of 2006 decided by Supreme Court on 15 12 2009)
415. Payment of subsistence allowance is the right and not a bounty
It is well known that subsistence allowance is paid to the employee to enable him to subsist along with his dependents till the disciplinary proceedings or the criminal case against him is decided.
FR 53 stipulates that the amount of subsistence allowance payable to Govt. servant under suspension is equal to leave salary on half average pay or half pay as the case may be for the first three months.
Non-Payment of subsistence allowance would be inhuman because such an action on the part of the administrative authority would frustrate the provisions of the rule which provide for payment of reduced salary to the employee during the period of suspension.
If payment of subsistence allowance is denied to the employee it would amount to slow poisoning as he may die of starvation. With a view to ensuring non-violation of the right to life granted under the constitution, the provision of payment of subsistence allowance has been made in the Rules.
The payment of subsistence allowance is a right granted to the employee under the Rules and it is not a bounty.
[M.Paul Antony V Bharath Gold Mines ltd. AIR 1999 SC 1416 & Jagdamba Prasad Shukla V State of UP 2000 AIR SCW 3047 Apex Court ND]
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