In the facts stated by you, the departmental proceeding against the suspended Government employee has ended in a minor penalty of censure. Presuming that he is a Central Government employee, in such a situation, the suspension period will be considered as on duty.
This is in accordance with the consolidated guidelines issued by the Central Government, Ministry of Personnel, Pensions & Public Grievances, Department of Personnel & Training, Office Memorandum No.11012/17/2013-Estt (A) dated 2nd January 2014. The relevant extracts from the said guidelines, which deal with how the suspension period would be treated on conclusion of the proceedings” are reproduced below:
“A. If Exonerated
a) Where the Competent Authority is of the opinion that the suspension was wholly unjustified, the Government servant may be paid full pay and allowances.
b) Where the Competent Authority is of the opinion that the proceedings were delayed for reasons directly attributable to the Govt. servant, it may after notice to the Govt. servant and considering his representation – if any, order a reduced amount to be paid.
c) The period of suspension will be treated as period spent on duty for all purposes.
[FR 54 –B (3) & (4)]
B. Minor Penalty is Imposed
Where the proceedings result only in minor penalty being imposed, then the suspension is treated as wholly unjustified.
DoPT O.M. No. 11012/15/85 – Estt (A) dt. 3-12-1985
C. Other than exoneration / minor penalty
(a) The competent authority shall determine the amount to be paid, after notice to Govt servant and considering his representation-if any.
[FR 54 –B (5)]
(b) The period of suspension shall not be treated as duty unless the competent authority specifically directs that it shall be so treated for any specified purpose.
(c) If the Govt servant so desires, the period of suspension may be converted into leave of the kind due and admissible. (Note : Such leave can be in excess of 3 months in case of temporary Govt servants of 5 years in case of permanent Govt servants).
[FR 54 –B (7)]
NOTE : As per FR 54-B (9) wherever the amount allowed is less than full pay and allowances it shall not be less than the Subsistence Allowance already paid.
D. Death while under suspension
Where a Govt. servant under suspension dies before the disciplinary proceedings or the court proceedings against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances to which he would have been entitled had he not been suspended, for that period subject to adjustment of subsistence allowance already paid.
[FR 54 –B (2)]”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
