F.R. 53

Subsistence grant

(1) Arrears of subsistence allowance due to a Government servant should not be withheld, but be paid to him after adjusting the same against the following amounts, if any, due by him to the Government :—

[G.O.Ms. No. 111, Fin., Dt. 15-3-1961 & G.O.Ms. No. 178, Fin., Dt. 8-5-1962]

(i) Income-tax and surcharge (provided to the employee's yearly income calculated with reference to subsistence allowance is taxable);

(ii) House rent and allied charges, i.e., electricity, water, furniture, etc.;

(iii) Re-payment of loans and advances taken from Government at such rates as the Head of the Department deems it right to fix;

(iv) Over payments (having due regard to the circumstances of each case). Recoveries of over payments from the Government servant under suspension should not ordinarily be made at a rate greater than one-third of subsistence allowance; exclusive of dearness allowance, if any, admissible under Rule 53(i).

(v) (a) Though the proviso to F.R. 53(i)(ii)(a) does not specifically provide for a second or subsequent review there is no objection to such review(s) being made by the competent authority. Such authority shall be competent to pass orders to increase or decrease the rates of subsistence allowance upto 50% of the subsistence allowance initially granted, according to the circumstances of each case. A second or subsequent review can be made at any time at the discretion of the competent authority.

[G.O.Ms. No. 178, Finance, Dt. 9-6--1969]

(b) It is permissible to reduce the amount of subsistence allowance once increased on the basis of the first review, upto 50% of the amount of subsistence allowance initially granted, if the period of suspension has been prolonged for reasons directly attributable to the Government servant i.e., by his adopting dilatory tactics. Similarly, in a case where the amount of subsistence allowance has been reduced after the first review, the same can be increased upto 50% of the amount initially granted, if the period of suspension has been prolonged for reasons not directly attributable to the Government servant and the Government servant has given up dilatory tactics.

[ Note 1 :—Arrears of subsistence allowance to a Government servant should not be adjusted against any amounts due by him to the Government.

Note 2 :—If a Government servant under suspension is dismissed or removed from service, arrears of subsistence allowance, if any, due to him upto the date of termination of proceedings should be paid to him.] [G.O.Ms. No. 2002, Fin., Dt. 17-10-1957]

(2) Where an individual is due to be discharged from service on account of the expiry of the sanction of the post held by him, or otherwise becomes liable to be retrenched when he is under suspension, the question whether he should be so discharged, or whether to enable disciplinary proceedings being continued, special steps should be taken to provide a post for him should be examined on the merits of each case, and his post extended for an appropriate period. In these circumstances, the vacancy caused by the extension should not, however, be filled.

The authority competent to dismiss or remove the officer concerned from service, may, in such circumstances issue orders extending the term of the post without reference to the higher administrative authorities ordinarily competent to sanction such extension or to the Finance Department, if delay is anticipated in obtaining sanction, before the expiry of the term of the post under the normal procedure. Otherwise the sanction of the competent authority should be obtained as usual.

[G.O.Ms.No. 2142, Finance, Dt. 16-5-1960]

STANDARD FORM OF CERTIFICATE TO BE FURNISHED BY THE SUSPENDED OFFICIAL UNDER F.R. 53(2)

I ..... (name of Government servant) having been placed under suspension by Order No. .... Dt..... while holding the post of ..... do hereby certify that I have not been employed in any business.

Name of the Government servant :

Signature

Address :

5. Payment of Interim Relief to those who are under suspension.

(Memo. No. 44113/541/PC. I/II/98-1, Fin. & Plg. (FW.PC.I) Dept., Dt. 11-11-1998)

Ref. :- 1. G.O.(P)No. 117, Fin. & Plg. (FW.PC.I) Dept., Dt. 3-7-98.

From the CAO, o/o the DG & IGP, Lr. No. P1/90/97, Dt. 28-10-98.

Order :—In the G.O. first cited, orders were issued sanctioning an Interim Relief of 11 % to the State Government employees from 1-6-98, pending Revision of Pay Scales. In the reference 2nd cited, a clarification has been sought for regarding admissibility of Interim Relief to those who are under suspension.

The issue has been examined. Interim Relief cannot be treated neither as pay or wage or as an allowance. Hence, it is hereby clarified that Interim Relief is not admissible during the period of suspension.

6. Payment of subsistence allowance – Further Instructions.

(Memo. No. 39071/471/A2/FR.II/99, F & P (FW.FR-II) Dept., Dt. 28-02-2000)

Ref. :- 1. Memo. No. 13431-160/A/F.R.II/93, Dt. 1-4-93.

Memo. No. 29730-A/458/A2/Fr.II/94, Dt. 15-9-94.

Order :—In the Circular Memos. 1st and 2nd cited, detailed instructions were issued for prompt payment of subsistence allowance to the employees who were under suspension.

The Supreme Court of India in a case of the State of Maharashtra Vs. Chandrabhan , 1983(2) SLR 493, while allowing the writ petition, dismissed the Civil Appeal has clarified that on payment of subsistence allowance during the period of suspension when the Government Servant is lodged in prison on conviction by trial Court. The observations of the Supreme Court is as follows :— “If the Civil Servant under suspension pending departmental enquiry on a criminal trial started against him, is entitled to subsistence allowance at the normal rate which is a bare minimum required for the maintenance of the Civil Servant and his family, he should undoubtedly get it even pending his appeal filed against his conviction by the trial Court, and his right to get the normal subsistence allowance pending consideration of his appeal against his conviction should not depend upon the chance of his being released on bail and not being lodged in prison on conviction by the trial Court. Whether he is lodged in prison or released on bail on his conviction pending consideration of his appeal, his family requires the bare minimum by way of subsistence allowance.”

Keeping in view, the above judgement of the Apex Court, Government hereby order that a Government servant under suspension whether he is lodged in prison or released on bail on his conviction pending consideration of his appeal, be paid subsistence allowance.