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F.R. 54

Chapter VIII — Dismissal, Removal & Suspension

Text of the ruleపాఠం

(1) When a Government servant who has been dismissed, removed or compulsorily retired is reinstated as a result of appeal or review or would have been so reinstated but for his retirement on superannuation [while under suspension or not] the authority competent to order reinstatement shall consider and make a specific order,—

[Subs. by G.O.Ms.No. 384, Fin. & Plg. (FW-FR-I) Dept., Dt. 7-12-94]

(a) regarding the pay and allowances to be paid to the Government servant for the period of his absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be ; and

[Subs. by G.O.Ms.No. 384, Fin. & Plg. (FW : FR-I) Dept., Dt. 7-12-94]

(b) whether or not the said period shall be treated as a period spent on duty.

(2) Where the authority competent to order reinstatement is of opinion that the Government servant who had been dismissed, removed or compulsorily retired has been fully exonerated, the Government servant shall, subject to the provisions of sub-rule (6), be paid the full pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be :

Provided that where such authority is of opinion that termination of the proceedings instituted against the Government servant has been delayed due to reasons directly attributable to the Government servant, it may after giving him an opportunity to make his representation 1 [within sixty days from the date on which the communication in this regard is served on him] and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing that the Government servant shall, subject to the provisions of sub-rule (7), be paid for the period of such delay, 2 [only such amount (not being the whole) of such pay and allowances] as it may determine. 1 [Ins. by G.O.Ms.No. 384, Fin. & Plg. (FW : FR-II) Dept., Dt. 7-12-1994]

2 [Subs. by G.O.Ms.No. 384, Fin. & Plg. (FW : FR-II) Dept., Dt. 7-12-1994]

(3) In a case falling under sub-rule (2), the period of absence from duty including the period of suspension preceding dismissal, removal or compulsory retirement, as the case may be, shall be treated as a period spent on duty for all purposes.

[(4) In cases other than those covered by sub-rule (2) including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the appellate or the reviewing authority solely on the ground of non-compliance with the requirement of clause (1) or clause(2) of Article 311 of the Constitution and no further inquiry is proposed to be held the pay and allowances payable to the Government servant for the period of dismissal, removal or compulsory retirement or suspension prior to such dismissal, removal or compulsory retirement, as the case may be, shall be limited to the subsistence allowance entitled / already paid under FR 53, for the entire period during which the Government servant was not on duty].

[Subs. by G.O. Ms. No. 30, Finance (FR-II) Dept., Dt. 15-02-2007]

(5) In a case falling under sub-rule (4), the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement as the case may be, shall not be treated as a period spent on duty, [ x x x ] : [Omitted by G.O.Ms.No. 3, Fin., Dept., Dt. 4-1-2006]

Provided that if the Government servant so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be shall be converted into leave of any kind due and admissible to the Government servant. Note :—The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of.—

(a) extraordinary leave in excess of three months in case of non-permanent Government servant : and

(b) leave of any kind in excess of five years in the case of permanent or non-permanent Government servant.

[(c) that the Extraordinary leave granted after exhaustion of all available leave under the above clause may be counted for the purpose of notional increments and pension].

[G.O.Ms.No. 307, Fin. (FR-II) Dept., Dt. 3-12-2012]

(6) The payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to all other conditions under which, such allowances are admissible.

(7) [The amount] determined under the proviso to sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under Rule 53.

[G.O.Ms.No. 384, Fin. & Plg. (FW : FR-II) Dept., Dt. 7-12-1994]

(8) Any payment made under this rule to a Government servant on his reinstatement shall be subject to adjustment of the amount, if any, earned, by him through an employment during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than the amounts earned during the employment elsewhere, nothing shall be paid to the Government servant.

Rulingsరూలింగ్స్ 3

(1)

(1) An appellate authority may convert a period spent under suspension into one of leave, if the leave is admissible.

(2)

(2) The word 'proceedings' occurring in Instruction 1 under Rule 54 has reference only to departmental proceedings and not to the proceedings of a Court of Law.

(3)

(3) (a) Before inserting the proviso under clause (5) of Rule 54, the position was the period spent under suspension, removal/dismissal could be treated as leave by the competent authority irrespective of the wishes of the Government servant in the matter. It was felt that conversion of the period into one of leave unilaterally by the competent authority on its own motion might result in the Government servant being in reality penalised monetarily or in the matter of leave at his credit. It was, therefore, decided that the period of absence in such cases should not be converted into leave unless the Government servant concerned desired that the period should be treated as leave.

Under Rule 54, it is necessary for a competent authority only to specify whether a period of absence from duty caused by dismissal, removal or suspension followed by reinstatement should be treated as 'duty' or 'not duty'. If a Government servant requests that such a period of absence should be converted into leave the competent authority may accede to such request if he thinks fit and modify the order already passed under Clauses (1), (3) and (5) of Rule 54. It is however, open to the reinstating authority to refuse the request of the Government servant.

[G.O.Ms.No. 2119, Finance, Dt. 14-11-1959]

(b) If a Government servant under suspension dies before the conclusion of disciplinary or Court proceedings against him, the period of suspension of the Government servant concerned should be regularised as if the Government servant was never placed under suspension. In view of definition of pay and special pay under Rule 9(21) and 9 (25), special pay attached to the post would also be admissible in addition to full pay and allowances for the period of suspension. [G.O.Ms.No. 275, Fin. and Plg. (Fin. Wing F.R.I), Dt. 8-8-1977]

Executive instructionsకార్యనిర్వాహక ఆదేశాలు 2

Instructions under Rule 54

A Government servant who has been committed to prison either for debt or on criminal charges should be considered as under suspension from the date of his arrest and therefore entitled only to subsistence grant under Rule 53 until the termination of the proceedings against him, when if he is not dismissed, an adjustment of his pay and allowances should be made according to the conditions and terms prescribed in Rule 54, the full amount being given only in the event of a Government servant being considered to be acquitted of blame, or (if the imprisonment was for debt) of its being proved that the Government servant's liability arose from circumstances beyond his control.

The amount of subsistence grant, already drawn, should be adjusted against the pay and allowances or a proportion of them or leave salary which may be granted under Rule 54 and the excess, if any recovered.

The grant of pay and allowances or a proportion of them under Rule 54 does not cancel any officiating arrangements that may have been in force while the Government servant was under suspension or dismissal.

In deciding whether any pay and allowances should be granted under Rule 54 to a Government servant in temporary employ, the period for which the temporary post has been sanctioned should be taken into consideration. A permanent post vacated by the dismissal, removal or compulsory retirement of a Government servant should not be filled substantively until the expiry of the period of one year from the date of such dismissal, removal or compulsory retirement, as the case may be. Where, on the expiry of the period of one year, the permanent post is filled and the original incumbent of the posts is reinstated thereafter, he should be accommodated against any post which may be substantively vacant in the grade to which his previous substantive post belonged. If there is no such vacant post, he should be accommodated against a supernumerary post which should be created in this grade with proper sanction and with the stipulation that it would be terminated on the occurrence of the first substantive vacancy in that grade.

[G.O.Ms.No. 110, Finance, Dt. 14-3-1961]

EXECUTIVE INSTRUCTION

Government Servant dies while under Suspension

Order :—The declaration that the suspension of a Government servant is wholly unjustified and the fact that the Government servant under suspension dies before the conclusion of disciplinary or Court proceedings against him warrant that the period of suspension of the Government servant concerned should be regularised as if he were never placed under suspension. In view of definitions of 'Pay' and 'Special Pay' under Fundamental Rule 9(21) and Fundamental Rule 9(25), 'Special Pay' attached to the post would also be admissible in addition to full pay and allowances for the period of suspension. The procedure is being followed by the Government of India

After careful consideration, the State Government have decided to adopt the above procedure of the Government of India, with immediate effect.

Amendment timelineసవరణల కాలక్రమం

References: ordersఆధారాలు: ఉత్తర్వులు 2

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