Regard claiming t.a during court hearing as an accused
Sonam Chombey
(Querist) 19 September 2026
This query is : Resolved
Me and my senior Head constable CHM, during govt. bonafide duty, I along with other two constables were detailed duty under command of another head constable after few hours our duty commander instructed me to inform the CHM to send reliever on due time because that day mobile network was off. And I reached at police station and asked CHM Sir, CHM Sir, then he got angry and manhandled me and I was on full uniform and than for self defense I also used to reply than he got injured me also little injured that time he was not in uniform. Later case registered and after 10 years I was summoned to appear to court and I appeared Court as a accused by taking proper command certificates. Now my journey to appear court can I get T.A if yes than how if no means why if yes than how even that officer in charge of that my previous police station had already certified that incident was occured during on govt. Duty.
T. Kalaiselvan, Advocate
(Expert) 03 October 2026
Under fundamental service and Travelling Allowance (TA) rules (such as Supplementary Rules / CCS TA Rules for Central/State Government servants in India), you are generally NOT entitled to claim Travelling Allowance (TA/DA) for attending court as an accused, even if the incident originated while you were on official duty.Under TA Rules, a government servant can claim TA/DA for court appearance only when summoned as a witness to produce official documents or testify on facts learned in an official capacity.
When summoned by a court as an accused facing criminal charges (e.g., under IPC / BNS sections for physical conflict or assault), you are defending yourself in your personal capacity, not performing an official duty on behalf of the state.
While your current unit issued a Command Certificate/Movement Order enabling you to take official leave or permission to appear before the court, that certificate merely serves as sanction of leave/absence to satisfy the court's summons it does not automatically grant eligibility for reimbursement of travel costs.