Ta & da rule : eligibility to accused
Querist :
Anonymous
(Querist) 25 November 2018
This query is : Resolved
A criminal case against me at Bangalore in CBI Court was lodged, when I was in service in New Delhi in a semi gov office on dated 14 August,2000 . I was retired from service in July,2011 and after retirement I traveled more than 20 times from Delhi to Bangalore to attend CBI Court case. As per the Judgement of CBI Court at Bangalore on dated 21-11-2017, I was acquitted from all the charges by the CBI Court at Bangalore. TA DA paid before retirement was forcibly deducted at the time of my retirement as my department told that this was paid wrongly
Now ,I want to know whether I may claim TA DA already deducted as well as submit TA DA bill for tour made to attend CBI Court after retirement, I shall be very obliged ,if proper legal advice may be provided to me, with regards,
A P Barnwal
KISHAN DUTT KALASKAR
(Expert) 26 November 2018
Dear Sir,
Legally a person facing criminal charges not entitled for any TA and DA facility.
Please mark “LIKE” if satisfied by my answer.
Dr J C Vashista
(Expert) 27 November 2018
Whether the employer (the semi-government office) is governed by CCS (CCA) Rules or not ?
Since you were on official duty to attend the Court case (let it be against you, which has fall flat) you are entitled for TA & DA as per service rules.
venkatesh Rao
(Expert) 27 November 2018
With due respect to Dr. Vasista, I wish to state that the accused facing charges in criminal court are not entitled to any TA and DA. They are defending themselves personally in criminal cases. They have to apply for leave also. But, in departmental proceedings, they are entitled for TA and DA for their appearance before the inquiring authority.
