Please note that if a government servant remains in custody for more than 48 hours, then he is deemed to have been suspended automatically even if no formal order for his suspension has been issued. So, if your husband has spent more than 48 hours in custody, then even if a formal order of suspension has not yet been issued by the competent authority, he is deemed to have been suspended.
You may write to the department along with full facts and supporting documents to prove his custody for more than 48 hours. Also enclose the certified copy of the court order, if any, or the confirmation from police about his custody, if you have copy of that available with you.
Thereafter, you can file RTI application to the concerned authorities in the department of your husband to find out what action has been taken on your complaint / letter intimating them about custody of your husband for more than 48 hours.
As regards the fact of your husband getting fully salary, the fact remains that he will get a subsistence allowance instead of full salary once he is under suspension. From your question, it appears that the department may not be aware of his custody due to which the deemed suspension provision is yet to be applied to him. So, once he is considered to be under suspension (whether formally ordered, or deemed suspension), he will get subsistence allowance and not full salary.
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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