How can suspended person get 75% subsistence allowance 2 years after suspension?

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws How can suspended person get 75% subsistence allowance 2 years after suspension?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 weeks ago.

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  • #4938

    Anonymous
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    Sir, my friend is under suspension beyond two years. what is the provision to get 75 percent of subsistence allowance. Please intimate to me.

  • #4944

    Firstly, it is not clear from your question as to under which Government or PSU, etc., your friend is working. The rules on suspension and the subsistence allowances may be different for different Governments / organizations. So, you may have to check the relevant rules which are applicable in the case of your friend.

    But, generally speaking, many states and PSUs have rules which are similar to the Central Government rules.

    As far as Central Government rules are concerned, I have explained the legal position with regard to the subsistence allowance in my previous answer, which can be seen at Subsistence allowance during suspension not increased after six months also.

    As per this, there are instructions in the Fundamental Rules – FR 53, that the subsistence allowance is required to be reviewed by the competent authority after 3 months of the suspension, and it may be increased by up to 50% of the allowance during the first 3 months (which means that now it can become 75%) or reduced by up to 50 % of the allowance during the first 3 months (which means now it can become 25%).

    Thus, what is required under the above rule is that a review must be conducted by the competent authority on completion of 3 months under suspension. However, it is not necessary that the subsistence allowance will always be increased after such review. It may be increased as above or may be kept intact at 50% or may even be reduced, depending upon facts and circumstances of the case (such as, for example, whether the suspended government servant is cooperating with the inquiry). Whatever may be the result of the review, it is mandatory to conduct the review even if the subsistence allowance is not changed after such review, but a formal review has to take place 3 months after the suspension and an order passed accordingly.

    So, if similar rules are applicable in the case of your friend and if no such review has been conducted to change the subsistence allowance even after 2 years, as you have mentioned, then your friend should request the competent authority to do this exercise immediately. If he does not get justice from the competent authority, he may approach the appropriate court or tribunal which has jurisdiction in the service matters of your friend (i.e., depending upon where your friend is posted).

         


    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.

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