The subsistence allowance is meant for the subsistence of a suspended Government servant and his family during the period he is not allowed to perform any duty and thereby earn a salary. Therefore, the subsistence allowance is required to be paid promptly and regularly. There are Government instructions in this regard. You can approach the appropriate authority / court / tribunal for action in this regard, if necessary.
In the case of Ghanshyam Das Srivastava v. State of M.P., (1973) 1 SCC 656 : AIR 1973 SC 1183, the Supreme Court had observed that where a Government servant under suspension had expressed his inability to attend the inquiry on account of financial stringency caused by the non-payment of subsistence allowance to him, the proceedings conducted against him ex parte would be in violation of the provisions of Article 311(2) of the Constitution as the person concerned did not receive a reasonable opportunity of defending himself in the disciplinary proceedings. Though this judgment of the Supreme Court was in a case where the inquiry was being conducted against him at a place which was 500 miles away from his place of posting, it may have some relevance to the question raised by you. In fact, Government of India [vide OM No. 11012/10/76-Estt.(A) dated 6th October, 1976] directed all authorities to keep this judgment in view before invoking provision relating to ex parte inquiry, and also directed prompt payment of subsistence allowance to the suspended government employees.
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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