Memo.No:39071, Dt:28-02-2000 | Disciplinary Proceedings - Pending | Subsistence Allowance.

GOVERNMENT OF ANDHRA PRADESH

FINANCE & PLANNING (FW. FR-11) DEPT.

 

Memo.No. 39071/471/ A2/FR.II/99                                                                             Dated: 28-02-2000

Sub: Payment of subsistence allowance - Further Instructions - Issued - Regarding.

 

Ref:     l. Memo. No. 13431-160/A/F.R.II/93, dt.1-4-93

2. Memo No. 29730-N458/A2/F.R.ll/94, dt.15-9-94

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            In the Circular Memos 1st and 2nd cited, detailed instructions were issued for prompt payment of subsistence allowance to the employees who were under suspension.

 

2. The Supreme Court of India in a case of the State of Maharastra Vs Chandrabhan, 1983(2) SLR 493, While allowing the writ petition, dismissed the Civil Appeal has clarified that on payment of subsistence allowance during the period of suspension when the Government Servant is lodged in prison on conviction by trial Court. The observations of the Supreme Court is as follows :-

     "If the Civil Servant under suspension pending departmental enquiry on a criminal trial started against him, is entitled to subsistence allowance at the normal rate which is a bare minimum required for the maintenance of the Civil Servant and his family, he should undoubtedly get it even pending his appeal filed against his conviction by the trial Court, and his right to get the normal subsistence allowance pending consideration of his appeal against his conviction should not depend upon the chance of his being released on bail and not being lodged in prison on conviction by the trial Court. Whether he is lodged in prison or released on bail on his conviction pending consideration of his appeal, his family requires the bare minimum by way of subsistence allowance."

 

3. Keeping in view, the above judgement of the Apex Court, Government hereby order that a Government servant under suspension whether he is lodged in prison or released on bail on his conviction pending consideration of his appeal, be paid subsistence allowance.

 

4. All the Departments of Secretariat and the Head of Departments are requested to bring the aforesaid rulings of the Supreme Court to the notice of all the Officers under their administrative control for strict compliance.

S.K. ARORA

Principal Secretary to Government

CCA Rules - References (open)

Fundamental Rules - References (open)