Service Matter

Vinod Kumar (Querist) 25 October 2016 This query is : Resolved
Dear Sirs, Good Morning.

1. Retirement or resignation during suspension is possible ?

2. When employee under suspension died before finalization of departmental proceedings. What is the guidelines ?

3. Whether any guidelines to fix subsistence allowance during suspension ?

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Sudhir Kumar, Advocate (Expert) 25 October 2016
please give facts of the case.

this is not examination hall for departmental promotion examination.

Guest (Expert) 25 October 2016
No guidelines, unless you give complete background of the case and also indicate in what way you are concerned with the case.

Kumar Doab (Expert) 25 October 2016
Go thru extent service rules,Conduct and Discipline Rules of your establishment.

Discuss with seasoned employee's/union leaders.

Post full facts of the matter, if any.

PARDEEP KUMAR (Expert) 25 October 2016
Mr. Vinod Kumar, if it is your real name.

In one go you have asked replies for different situations.

Answer to your queries, in case the concerned is a Government Servant or a employee of autonomous body would be available in applicable Classification, control and Appeal rules.

However, so far as Central Government employees or employees of GNCTD etc., are concerned the reply is:

1. Retirement is a unstoppable thing, the person retires on the date of his retirement, however, his/her dues i.e. gratuity, regular pension, commutation of pension are withheld. In case the issue involves monetary recovery then even Earned leave encashment can be stopped. Yes resignation, even voluntary retirement notice can be tendered, if the charges are not having such gravity warranting dismissal or termination only. The discretion would be of the competent authority.

2. In case employee dies before finalization of disciplinary proceedings i.e. passing of final order, the proceedings stands closed. The family of the deceased gets all terminal dues and the period of suspension too gets regularized.

3. for Central, Delhi Government employees, the provision for subsistence allowance is available under FR 54 B.

Hope it meets your requirements.

However, it is advisable that full facts, with clarity be given so that the experts can understand and address the query properly.

Rajendra K Goyal (Expert) 25 October 2016
Academic query, state material facts of the problem if any.

How are you concerned with the query?

looks like examination question.