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Grant of ta da to an accused govt employee when he attends a court of law as an accused

(Querist) 05 February 2016 This query is : Resolved 
Kindly guide me how to regulate a claim of TA DA of an accused , a serving central govt employee who attends a court of law in a criminal proceeding as an accused
Rajendra K Goyal (Expert) 05 February 2016
Whether the case is registered by the department against him?

What are the facts? Is the person on bail?

Criminal cases are between state and accused, department has not deputed the accused to attend the court.
Adv. Yogen Kakade (Expert) 05 February 2016
seems like academic query.. please mention the details
Guest (Expert) 05 February 2016
Who has filed the case in the court of law against the Government servant?
SWETA SINHA (Querist) 05 February 2016
It is Red Handed Trap case where a central govt official was allegedly taking bribe in an official matter of assessment proceeding which he was conducting in an official capacity.
He was arrested n jailed ,suspended,bailed and finally reinstated in service. He is facing criminal trial and posted away from the place of trial. He has to attend the court vide sec317 CrPC as the judge has not granted leave of absence from the court.
Now, what treatment should be given to his claim for TA DA as he is to attend court on each n every dt of hearing.

The case has been instituted by CBI the state



Guest (Expert) 05 February 2016
Being accused, not a witness, he is not entitled to travelling allowance to attend court of law in a CBI case against him.
SWETA SINHA (Querist) 06 February 2016
The claimant argument is simple - in a departmental proceeding , a charged officer is granted TA DA , though he is accused in an official discharge of duty.
I am unable to counter his claim with cogent reasoning.

Here also in a dept proceeding, the charge officer allegedly abuses his govt position for ulterior gain .And the case is instituted by the Govt.

Pl analyse the case afresh
Guest (Expert) 06 February 2016
Ms. Sweta,

It seems, you are arguing more on behalf of the claimant rather than his own argument, as if it is your own case. So, with reference to the so called simple argument of the accused, my simple request is, why to rely on any advice here, better read rules on travelling allowance and act accordingly, instead of arguing on behalf of the accused here.

However, if still you feel convinced about his argument, rather than the provisions of rules, you may pay him the TA & DA and should also be prepared to reply to the audit objection and recovery when the payment is audited, besides waiting for a charge sheet for yourself for the irregularity committed by you in favouring the said employee.

SWETA SINHA (Querist) 06 February 2016
Sorry sir, Kindly quote the rule which prohibits the sanction of the TA DA of an accused in a CBI/criminal case for attending his dates of hearing in a court of law.
I have gone through the FR SR 153 n 154 but they are silent about the TA DA of an accused for attending CBI/criminal court of law.

Sorry for inconvenoience
Guest (Expert) 06 February 2016
If rules can state about payment of TA to the acccused in departmental inquiry that could also have mentiond about accused in CBI cases under trial. So, it is a matter of commonsense that his claim is not permissible.

Naturally, if Government rules are silent, at least I am not authorised to make any positive or negative provision in the rules made by the Government of India.
Rajendra K Goyal (Expert) 06 February 2016
Agree with the expert PS Dhingra.
SWETA SINHA (Querist) 06 February 2016
Thank you Very much Sir. I am obliged


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