subsistance allowance

Tilak Marg Forum for Legal Questions Forums Criminal Law subsistance allowance

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    • #2780

      Dear Sir,

      I was suspended from IDBI Bank Ltd in sep 2014 and was receiving allowance till july 2016 and later on i have not received . I questioned the bank about stoppage of subsistence allowance they stated that i was running a clinic and was not eligible for the same. In reality that clinic is in my husband and dad name and i just happen to spend my time helping my dad and husband. In face i approached High court for the same and court issued summons to bank to appear and they failed to appear before the court and the matter is pending in court. I am in need of financial assistance and i have no hopes in high court that would settle my matter asap. Due to financial constraint i am unable to approach my lawyer also. Kindly guide me as to what i can do in my individual capacity to get my allowance until the matter is settled.

    • #2785

      Either the bank itself should agree to pay the subsistence allowance to you or the court should pass an order directing the bank to do so. In my view, there does not appear to be any other lawful method to make the bank pay the subsistence allowance to you. I don’t think the RBI or the Bank Ombudsman can help you in such matter.

      You may try to convince the bank, may be by meeting the senior officers and explaining the factual position with regard to the clinic. Else, you may request the high court to pass an interim order (by citing your financial difficulties), during the pendency of the petition, directing the bank to pay the subsistence allowance, wholly or in part; if possible, you may consider giving an undertaking that if the case goes against you, you would refund the allowance so paid.

      You should try to expedite the departmental inquiry, if any, which might have been initiated into the cause for which you were suspended. This may help you to get your suspension revoked at an earlier date, if the charges are not proved against you.

      As regards your question relating to lawyer, it is not mandatory that you should always engage a lawyer. You can appear in person in the high court. Else, you may seek held of a legal aid lawyer from the legal aid cell of the high court.

           


      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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