Subsistence Allowance
1. The competent authority should pass an order
regarding the subsistence and other allowances to be paid to the Government
servant during the period of suspension simultaneously with the orders of
suspension or as early as possible after the issue of the order of suspension to
avoid hardship to the Government servant. Subsistence allowance is meant for the
subsistence of a suspended Government servant and his family during the period
he is not allowed to perform any duty and thereby earn a salary. The authorities
concerned should take prompt steps to ensure that after a Government servant is
placed under suspension, he receives subsistence allowance without delay.
2. A Government servant under suspension or deemed to have been placed
under suspension by an order of the competent authority is entitled to a
subsistence allowance at an amount equal to the leave salary which the
Government servant would have drawn if he had been on leave on half average pay
or on half pay and in addition, dearness allowance, if admissible on the basis
of such leave salary.
3. Where the period of suspension exceeds three
months, the authority which made or is deemed to have made the order of
suspension shall be competent to vary the amount of subsistence allowance for
any period subsequent to the period of the first three months as follows:
(i) the amount of subsistence allowance may be increased by a suitable
amount, not exceeding 50 percent of the subsistence allowance admissible during
the period of the first three months if, in the opinion of the said authority,
the period of suspension has been prolonged for reasons to be recorded in
writing, not directly attributable to the Government servant.
(ii) the
amount of subsistence allowance may be reduced by a suitable amount not
exceeding 50 percent of the subsistence allowance admissible during the period
of the first three months if, in the opinion of the said authority, the period
of suspension has been prolonged due to reasons to be recorded in writing,
directly attributable to the Government servant.
(iii) the rate of dearness
allowance will be based on the increased or, as the case may be, the decreased
amount of subsistence allowance admissible under clauses (i) and (ii) above.
4. Though F.R. 53 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 percent of the
amount 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.
5. It is permissible
to reduce the amount of subsistence allowance once increased on the basis of the
first review, upto 50 percent of the amount of the 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 percent 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.
6. A Government servant or a
member of an All India Service placed under suspension is entitled to payment of
subsistence allowance equal to leave salary which he would have drawn if he had
been on leave on half-average pay or half pay and dearness allowance thereon
during the period of suspension, subject to production of a certificate in the
prescribed form that he is not engaged in any other employment, business,
profession or vocation during the period to which the claim relates (Form No.5
of Part II of Volume II). Subsistence allowance cannot be denied to him on any
other ground. (G.O.Ms.No.82/Ser.C dt.1-3-96 G.A.(Ser.C) Dept; G.O.Ms.No. 398 dt.
25-9-2001 G.A. (Ser.C) Dept.). The order of suspension should mention about
payment of subsistence allowance in terms of F.R. 53 in the case of State
Government servants and rule 4 of the All India Services (Discipline and Appeal)
Rules, 1969 in respect of members of the All India Services.
(Cir.Memo.No.560/Ser.C/95-3 dt.21-3-96 G.A.(Ser.C) Dept.)
7. The payment
of subsistence allowance need not be withheld even if a review is pending with a
higher authority (Cir.Memo.No.13431-160 AF.R.II/93 dt.1-4-93 Fin.& Plg.
(FW.FR.II) Dept.). Government ordered that a Government servant under suspension
be paid subsistence allowance whether he is lodged in prison or released on bail
on his conviction pending consideration of his appeal. (Memo.No.
39071/471/A2/FR.II/99 Finance and Planning (FW.FR.II) Dept. dt. 28-2-2000)
8. After 3 months, subsistence allowance can be reduced or increased by
upto 50% depending on whether prolongation of suspension was or was not due to
reasons directly attributable to the official.
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