About subsistence allowance and revocation of suspension.
Querist :
Anonymous
(Querist) 20 December 2018
This query is : Resolved
Sir,
I am Inspector in Customs & Central Excise. I was falsely implicated in two criminal cases one under NDPS Act and another under Section 409 IPC. Subsequently I was suspended by the Competent Authority on 26.09.2016 and the suspension was increased after reviewing the same by the Competent Authorities. While in Judicial Custody, I made a request for Subsistence Allowance and they started giving me subsistence allowance @ 50% of my salary.
It is known to me that the subsistence allowance has to be increased to @ 75% of salary after three months of suspension when suspension is not revoked and subsequently it should be increased to @ 90% of salary after another three months (i.e. after six months of suspension). However my subsistence allowance has not be increased even after I gave written submission to my office.
I was in Judicial Custody from 25.11.2016 to 31.10.2018. On 31.10.2018, I was released from the Judicial Custody on Bail and therefore subsequently I made submission in my office for revocation of my suspension. However the Competent Authority did not consider my submissions and extended my suspension for a further period of six months.
Kindly guide what should I do whether I should go to CAT for both the submissions i.e. for increasing subsistence allowance and its arrears and for revocation of suspension.
Thanks.
kavksatyanarayana
(Expert) 20 December 2018
I think when a criminal case is pending against an employee, no extra subsistence allowance cannot be granted. The suspension period will be reviewed by the Government after one year of suspension. You may approach CAT for revocation of suspension by consulting an prudent advocate who have knowledge in service matters.
Dr J C Vashista
(Expert) 21 December 2018
Approach CAT through a local prudent lawyer practicing service matters for better appreciation of facts, guidance and proceeding.
An anonymous author may not expect obligation of experts as per rule of this platform.
Sudhir Kumar, Advocate
(Expert) 21 December 2018
Not able to fully agree with Mr KavkSatyanarayana.
Increase in subsistence allowance can be denied (even curtailed to 25%) if the case is being delayed by the suspended employee.
Suspension has to be reviewed every three months failing which it become null an void.
Kumar Doab
(Expert) 21 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 21 December 2018
Vashistaji whn you prefer to quote and expect rules of this plateform then pls don't drop hints also.
Moreover per post of Sudhirji some error may also happen.
