subsistance allowance to suspended branch manager(nationalised bank)
NAYAK MAFATLAL GORDHANDAS
(Querist) 09 March 2011
This query is : Resolved
Sir, myself is branch manager of nationalised bank under suspension w.e.f. 25/11/2009, 16th month is running of my suspension.I am getting 1/2 salary as a subsistance allowance from the fourth month after suspension
Please help and inform me about the rulling of courts i.e.name of the court, judgement number, year of the judgement regarding full pay after 12 months of suspension i.e. from the 13 th month, full salary to be paid to the suspended employee. Can I get full salary?
please guide me in the matter
Kirti Kar Tripathi
(Expert) 09 March 2011
Though non payment of full subsistence allowance is illegal and vitiate all the actions on the part of employer against the employee. But I do not think that there is any provision for payment of full salary after one or more year. However, the subsistent allowance is liable to be enhance from 1/2 salary to 3/4 after a specific period as provided in the service condition of the employee. So please inquire whether there exist any such provision in Dena Bank Officer employees’ (Discipline & Appeal) Regulation 1976 , if yes, you can go ahead.
malipeddi jaggarao
(Expert) 09 March 2011
Mr.Gordhandas, the payment of subsistence allowance is based on the individual bank's officers conduct and service regulations. In some banks the provision is there for payment of full salary if the suspension is beyond 12 months and the case could not concluded with no fault of the charged officer. In some banks, this provision is not included in the service regulations. If you are not at fault for the delay in finalising the case, you request the bank for full payment and upon receipt of reply (generally they will deny quoting the provisions of discipline and conduct regulations), you may file a writ in the High Court brginging out the financial hardship you are facing and arguing that there is no delay on your part for conclusion of disciplinary proceedings.
Uma parameswaran
(Expert) 09 March 2011
Give a representation to the Bank authorities.
Guest
(Expert) 09 March 2011
As per the individual organizations rules on conduct & discipline, in some organizations rate of subsistence allowance is reviewed after 3 months, while in others it is reviewed after 6 months. Normally from the initial stage of suspension, subsistence is allowed 50% of the basic salary + usual allowances, while on review the subsistence allowance can be increased or decreased up to 50% of the existing subsistence allowance depending upon whether the delay in departmental inquiry or the court proceedings is delayed due to the reasons attributed to the administration or the charged officer concerned, respectively. The management may also not change the rate of subsistence allowance at its discretion.
So, you may please like to check the Employee Discipline, Discipline and Appeal Rules of your own Bank. Court case would be advised only after your appeal to enhance the subsistence allowance is rejected by the Appellate Authority in your case.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
