Subsistence allowance
Himadri Shekhar Bhattacharjee
(Querist) 20 March 2011
This query is : Resolved
Sir, I am an officer of Punjab National Bank,presently,under suspension. I have come to know about the guidelines on subsistence allowance, which runs as follows.The Indian Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 contemplate in Regulation 5 the authority to institute disciplinary proceedings and Regulation 6 deals with imposing of major penalties. Regulation 14 speaks about the subsistence allowance payable during suspension period, which states as follows: "14. Subsistence Allowance during suspension:
(1) An officer employee who is placed under suspension shall during the period of such suspension and subject to sub-regulations (2) to (4) be entitled to receive payment from the bank by way of subsistence allowance on the following scale, namely- (a) Basic Pay
(i)For the first three months of suspension, 1/3 of the Basic Pay which the officer employee was receiving on the date prior to the date of suspension irrespective of the nature of enquiry. (ii)For the subsequent period after 3 months from the date of suspension. (1)Where the enquiry is held departmentally by the bank, = of the basic pay the officer employees was drawing on the date prior to the date of suspension; and (2)Where the enquiry is held by an outside agency, 1/3 of the basic pay which the officer employee was drawing on the date prior to the date of suspension for t he next three months and = of the basic pay which the officer employee was drawing on the date prior to the date of suspension for the remaining period of the suspension. (b) Allowances
(1)For the entire period of suspension, dearness allowance and other allowances excepting conveyance allowance, entertainment allowance and special allowance will be calculated on the reduced pay as specified in items (1) and (ii) of clause (a) and at the prevailing rates or at rates applicable to similar category of officers. (2)During the period of suspension an officer employee shall not be entitled to occupation of rent-free house or free use of the Bank's car or receipt of conveyance or entertainment allowance or special allowance. (3) No officer employee of the Bank shall be entitled to receive payment of subsistence allowance unless he furnishes a certificate that he is not engaged in any other employment, business, profession or vocation. (4) If, during the period of suspension an officer employee retires by reason of his attaining the age of superannuation, no subsistence allowance shall be paid to him from the date of his retirement."But sir, inspite of completing seven months of suspension, authorities are continuing to pay subsistence at 1/3rd. rate, inspite of my several letters and not giving any replies to my letters causing immense hardship to me in running my family. Sir, please advise me as to what should be my course of action to get my enhances allowance with retrospective effect. Thanks. Himadri Shekhar Bhattacharjee.
R.Ramachandran
(Expert) 20 March 2011
Approach the appropriate legal forum applicable to you.
Guest
(Expert) 20 March 2011
Have you sent representation to your disciplinary authority, who placed you under suspension, or to the appointing authority, for enhancement of subsistence allowance?
If not, you may please address your representation to the appropriate authority.
Your Bank's Discipline & Appeal Regulation also may contain a provision of making appeal against suspension. You can approach your Appellate Authority also. Otherwise, you may approach to the appropriate legal forum/court against the inaction by the authorities over your representations and get relief from the appropriate court of law.
Kirti Kar Tripathi
(Expert) 20 March 2011
Since you have already made representations, now you can file writ petition against the action of the Bank. Since it a nationalized Bank, remedy of writ is available to you.
malipeddi jaggarao
(Expert) 21 March 2011
Better you contact the following person who is an expert in disciplinary matters. He is a retired officer of PNB also. He has a separate website in which all these matters are clearly discussed.
http://kannanpersonal.com
His contact number is also available in the website. He gives voluntary service and resides in Hyderabad.
Best of luck.
