Cir. Memo
No.145/A2/FR.II/2001 Dated: 07-05-2002
Ref: 1. Cir.Memo.No.39071/A2/407/FR.II/99,Finance (FR.II) Dept., dt. 28.02.2000.
In the reference 1st cited instructions were issued for payment of subsistence allowance to the Government servants under suspension whether they are lodged in prison or released on a bail on their conviction pending consideration of his appeal, based on the judgement of Supreme Court of India in a case of the State of Maharastra Vs. Chandrabhan, 1983(2) SLR.493.
2. In the reference 2nd cited the Vigilance Commissioner has stated that according to the policy adopted in Government Memo.No.1718/Ser.C/75-1, G.A. (Ser.C) Department, dated 22.11.1975, officers convicted in criminal cases should normally be dismissed from service and that it is not necessary either to await outcome of an appeal or the expiry of appeal time where an appeal has been preferred. The Vigilance Commissioner has further mentioned that above policy was reiterated in subsequent U.O. Note No.1418/SC.D/90-2, G.A. Department, dated 05.11.1990 and in U.O. Note No. 1700/SC.D/92-4, dated 09.03.1994. Therefore, the Vigilance Commissioner has suggested to amend the Circular Memo No.39071/471/A2/FR.II/01, of this Department dated 28.02.2000 duly indicating the policy as laid down in the aforesaid above (3) references of G.A. Department and also say that officers convicted in criminal cases be ordinarily dismissed from service forthwith in terms of the provisions of Article 311 (2) of the Constitution of India and Rule 25 of the APCS (CCA) Rules, 1991 and that it is not necessary to await an appeal or expiry of appeal time or the outcome of the appeal where an appeal has been preferred. Even if there is a stay of the sentence in an appeal, it is not necessary to delay the dismissal. Only in the event of both the conviction and sentence being suspended pending appeal before the appellate authority then the question of payment of subsistence allowance arise. Officers acting contrary to this policy should be made liable for recovery of avoidable payment of subsistence allowance in those cases where they ought to have been dismissed.
3. In the circumstances stated above and in supersession of the instructions issued in the reference 1st cited, it is instructed that officers convicted in criminal cases ordinarily be dismissed from service forthwith in terms of the provision of Article 311(2) of the Constitution of India and rule 25 of the APCS(CCA) Rules, 1991 and that it is not necessary to await an appeal or expiry of appeal time or the outcome of the appeal where an appeal has been preferred. Even if there is a stay of the sentence in an appeal, it is not necessary to delay the dismissal. Only in the event of both the conviction and sentence being suspended pending appeal before the appellate authority then the question of payment of subsistence allowance arise. Officers acting contrary to this policy should be made liable for recovery of avoidable payment of subsistence allowance in those cases where there they ought to have been dismissed.
4. All the departments of Secretariat and Head
of Departments are requested to follow the above instructions scrupulously.
