CHAPTER VIII DISMISSAL, REMOVAL AND …

1 FUNDAMENTAL RULES Vol I CHAPTER viii dismissal , REMOVAL AND suspension 1 of 12 CHAPTER viii dismissal , REMOVAL AND suspension 52. The pay and allowances of a Government servant who is dismissed or removed from service cease from the date of such dismissal or REMOVAL . 53. (1) A Government servant under suspension 2[or deemed to have been placed under suspension by an order of the appointing authority] shall be entitled to the following payments, namely.

2 - (i) in the case of a Commissioned Officer of the Indian Medical Department or a Warrant Officer in Civil employ who is liable to revert to military duty, the pay and allowance to which he would have been entitled had he been suspended while in military employment; (ii) in the case of any other Government servant:- (a) 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 such leave salary.

3 Provided that where the period of suspension exceeds 3[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 4[three] months as follows:- (i) the amount of subsistence allowance may be increased by a suitable amount; not exceeding 50% of the subsistence 1 Substituted by Notification No , dated 2 Inserted by Notification No.

4 804-R-275-IV-R-I, dated 3 Substituted by Notification No. 1068/6491/81/R-I/IV, dated 4 Substituted by Notification No. 1068/6491/81/R-I/IV, dated Pay and allowance of a dismissed or removed Government servant. Pay and allowances of a Government servant under suspension . FUNDAMENTAL RULES Vol I CHAPTER viii dismissal , REMOVAL AND suspension 2 of 12 allowance admissible during the period of the first 5[three] moths, 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.

5 (ii) the amount of subsistence allowance may be reduce by a suitable amount not exceeding 50% of the susbistence allowance admissible during the period of the first 6[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 sub-clauses (i) and (ii) above.

6 ] (b) 7[Any other compensatory allowances admissible from time to time on the basis of pay of which the Government servant was in receipt on the date of suspension subject to the fulfillment of other conditions laid down for the drawal of such allowances: Provided that the Government servant shall not be entitled to the compensatory allowances unless the said authority is satisfied that the Government servant continues to meet the expenditure for which they are granted.

7 (2) No payment under sub-rule (1) shall be made unless the Government servant furnishes a certificate that he is not engaged in any other employment, business, profession or vocation. 5 Substituted by Notification No. 1068/6491/81/R-I/IV, dated 6 Substituted by Notification No. 1068/6491/81/R-I/IV, dated 7 Substituted by Notification No. 747-1496-76-R-I-IV, dated FUNDAMENTAL RULES Vol I CHAPTER viii dismissal , REMOVAL AND suspension 3 of 12 House rent allowance grnated in lieu of rent-free quarters cannot be drawn by a Government servant under suspension .

8 53-A 8[Deleted] 54. (1) When a Government servant who has been dismissed, removed or compulsorily retired is re-instated as a result of appeal review or would have been so re-instated 9[but for his retirement on superannuation, while under suspension or not], the authority competent to order re-instatement shall consider and make a specific order:- (a) regarding the pay and allowances to be paid to the Goverment servant for the period of his absence from duty including the period of suspension preceeding his dismissal , REMOVAL or compulsory retirement, as the case may be, and (b) whether or not the said period shall be treated as a period spent on duty.

9 (2) Where the authority competent to order re-instatement is of the 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 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.

10 Provided that where such authority is of opinion that the termination of the proceedings instituted against the Government servant had been delayed due to reasons directly attributable to the Government servant, it may, after giving him an opportunity to 8 Deleted by Notification No. 2083-CR-2780-IV-R-I, dated 9 Substituted by Notification , dated effective from FUNDAMENTAL RULES Vol I CHAPTER viii dismissal , REMOVAL AND suspension 4 of 12 make his representations 10[within 60 days from the date on which the communication in this regard is served on him]