It has come to the notice of Government that the employees who are kept under suspension beyond 6 months are not receiving subsistence allowance beyond 6 months on ¢e ground that the suspension has to be reviewed by the competent authorities. In this connection, the following instructions are issued for implementation by all the competent authorities who place a Government servant under suspension in public interest:
2. According to Rule 18 (c) (i) of A.P. Civil Services (CC&A) Rules, 1963, an officer should not be kept under suspension for a period exceeding 6 months normally and the disciplinary proceedings should be finalised within that period. The cases of Officers who are placed under suspension should be reviewed by the authorities higher or by the Government themselves every six months, in order to ensure that suspensions are not continued indefinitely without justification.
3. According to F.R. 53 (i) (ii) (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 half pay has to be paid, apart from the admissible allowances as per Rules. In terms of provision thereto, the amount of subsistence allowance can be enhanced or reduced by an amount not exceeding 50% of the subsistence allowance already admissible under the circumstances mentioned at (i)/(ii) under the above provision. Under Fundamental Rules, there is no bar or restriction limiting payment of subsistence allowance upto a period of six months in cases when the period of suspension is to be reviewed. In other words, the subsistence allowance according to F.R. 53 (i) (ii) (a) and in terms of proviso thereto, depending upon the situation of the case specified in item No. (i) and (ii) under the proviso, as the case may be, has to be paid, as long as a person is continued under suspension even if the period is extended by undertaking a review or not.
4. Thus, the subsistence allowance shall not be denied to the suspended employee on any ground unless the suspended employee is unable to furnish a certificate that he is not engaged in any other employment etc., during the period to which the claim relates.
5. According to the instructions revision of subsistence allowance in terms of proviso to Clause (ii) (a) of Sub-Rule (i) of F.R. 53 should not be given retrospective effect.
6. It is observed that payment of subsistence, allowance is being delayed on the ground that the suspension is being reviewed. In this connection, the Attention of the Departments of Secretariat, and Heads of Departments is invited to the orders issued in G.O.Ms.No. 205, G.A. (Ser.C) Department, Dt. 17-3-1990. There is no need for withholding the subsistence allowance pending review as, even in the higher authority decides, that it would no longer be necessary to continue the employee under suspension, the reinstatement will be only with prospective effect. In view of this even if a review is pending with a higher authority, which is a non-statutory review it is not necessary to withhold the payment of subsistence allowance.
7. The
Departments of Secretariat and Heads of Departments are requested to follow the
above instructions scrupulously and also to bring them to the notice of all concerned
under their administrative control for implementation without any deviation.
