PB CSR Vol 1 Part 1 Chapter 7 Dismissal Removal and Suspension Ques-Ans

In the Seventh Chapter of PB CSR Vol 1 Part 1 Chapter 7 Dismissal Removal and Suspension Ques-Ans. Here are Important Questions Answers of this Chapters.

PB CSR Vol 1 Part 1

Chapter 7

Dismissal Removal and Suspension

Ques Ans (Part 1)

Ques.701 An employee is dismissed by the Competent Authority State the date from which his pay and allowances will be ceased/not to be paid to him?

Ans. 701 Under rule 7.4 of CSR Vol 1 Part-1 the pay and allowances of such an employee will cease from the date of dismissal from Government service.

Ques.702 State the circumstances under which a Government employee may be placed under suspension and by whom?

Ans. 702 According to Rule 4 of the Punishment & Appeal Rules, 1970, the Appointing Authority of Punishing Authority or any other Authority empowered in this behalf by Government can suspend a Government employee or place him under suspension in the following circumstances: –

1. Where a disciplinary action against him is being considered or is already in progress  or
2. When a case against him for a criminal offence is being looked into or
3. when he is kept in police custody for more than 48 years, regardless of the reason for his detention.

Ques.703 What pay, and allowances be drawn by a Government employee under suspension?

Ans 703 According to rule 72(1) (ii) (a) & (b) of CSR Vol 1 Part 1 a Government employee under suspension is entitled to subsistence allowance equal salary on half pay leave, dearness pay.  dearness allowance, interim relief as admissible on that pay and other compensatory allowances Le House Rent Allowance City Compensatory Allowance, Rural Area Allowance and Fixed Medical Allowance as admissible on full pay.

Ques.704 What payment is admissible to a Govt employee under suspension? State the circumstances under which & extent to which it can be varied?

OR

How is the subsistence allowance regulated in case of a Government employee under suspension during first six months? Can the subsistence allowance be increased or decreased after the period of first six months?        (SAS 6/82)

Ans. 704 Under rule 7.2(1)(ii)(a) & (b) of CSR Vol 1 Part-1, a Government employee under suspension is ended to subsistence allowance equal to leave salary on hall pay leave Dearness Pay. Dearness Allowance and Interim Relief as admissible on that pay and other compensatory allowances (House Rent Allowance. Rural Area Allowance & Fixed Medical Allowance) as admissible on full pay.

Vide proviso (1) & (11) to above rule after six months of suspension, the amount of subsistence allowance can be enhanced up to 50% if the suspension is prolonged due to reasons not attributable to the employee & the amount of subsistence allowance can be reduced upto 50% if the suspension is prolonged due to fault of the employee i.e. he was not cooperating with the Departmental Inquiry.

Ques.705 A Government employee suspected of grave misconduct is placed under suspension and the Suspending Authority proposes to refuse him any subsistence allowance on account of gravity of the offence with which he is charged. Comment?

Ans. 705 The action of the Suspending Authority in not allowing any subsistence allowance is against the provisions of rule 7.2(1)(ii)(a) of CSR Vol 1 Part 1, vide which a suspended employee is entitled to subsistence allowance equal to the leave salary on half pay leave D.P., D.A., IR on that pay during first six months of suspension irrespective of the gravity of offence with which he was charged.

Ques.706 On a review the Appointing Authority reduced the amount of subsistence allowance by 60% as the Government servant was not co-operating with the inquiry and the delay was directly attributable to him. Comments?

Ans. 706 The action of the Appointing Authority is against the provisions of proviso (ii) to rule 7.2(1)(a) of CSR Vol I Part-1, vide which amount of subsistence allowance can be reduced, in such a case, by a suitable amount not exceeding 50% of subsistence allowance and not 60% as ordered by the authority.

Ques.707 After exceeding the suspension period of 3 months of a Government employee, Competent Authority increased his subsistence allowance by 40 percent of his original subsistence allowance. Comments?

Ans. 707 As per proviso (i) to rule 7.2(1)(ii)(a) of CSR Vol 1 Part 1, the subsistence allowance can be increased after the period of list six months of suspension up to 50% of the subsistence allowance. As such the action of the Competent Authority increasing subsistence allowance after the suspension period of 3 months is against the rules.

Ques.708 An official under suspension is sanctioned a subsistence allowance based on his pay of Rs.5,000/- per month plus usual allowances. Calculate the maximum subsistence allowance admissible during the first three months and also thereafter in case the suspension is extended due to continue refusal of the official to participate in the inquiries against him?

Ans. 708 Under rule 7.2(1)(a) of CSR Vol.1, Part-1, subsistence allowance @Rs.2,500/-p.m. will be admissible to the suspended employee during the period of first six months of suspension. After the period of six months of suspension, and not after 3 months as per question the amount of subsistence allowance can be reduced upto Rs 1250/- p.m. in such a case.

Ques.709 A Head of Department allowed a suspended employee subsistence allowance equal to full pay for 3 months from 1.1.87 to 31.3.1987 debiting this period to his earned leave account. Comments? (SAS 8/83)

Ans. 709 As per provisions of rule 7.2(1)(ii)(a) of CSR Vol 1 Part 1, subsistence allowance at an amount equal to leave salary on hell pay is admissible to an employee during first six months of his suspension. As such action of the Head of Department by debiting this period to earned leave and allowing full pay is against the rules.

Ques. 710 An official under suspension le sanctioned a subsistence allowance based on his pay of Rs.6,000/- per month with usual allowances. Calculate the maximum subsistence allowances admissible in the first year and also after one year in case the suspension is prolonged/extended due to delay attributable to the Department in finalizing his case and continued refusal of the official to participate in the inquiry against him?

Ans. 710 Under rule 7.2(1)(i)(a) of CSR Vol 1 Part 1, subsistence allowance at the rate of 3000/- p.m. will be admissible to the suspended employee during first six months of his suspension. After six months of suspension, and not after one year as given question, the amount of subsistence allowance can be enhanced upto Rs.4,500/- P.M due to delay attributable to the Department in finalizing his case and it can be reduced upto Rs.1,500/- p.m. in case of delay attributable to the employee i.e., continued refusal of the employee to participate in for as the inquiry.

Ques. 711 Can Suspending Authority refuse the grant of subsistence allowance to a suspended Government employee?

Ans. 711 Vide rule 7.2(1)(ii)(a) of CSR Vol 1 Part 1, subsistence allowance at an amount equal to leave salary on half pay is admissible to a suspended Government employee during first six months of his suspension.

As such the suspending Authority cannot refuse the grant of subsistence allowance to a suspended Government employee.

Ques 712 (i) Indicate the circumstances under which subsistence allowance of a government employee  (Under suspension) may be reduced, also indicate the maximum extent of such reduction. (ii) Is there any bar to convert any portion of a period of suspension into leave of the kind due? (iii) Can stigma of suspension and its adverse consequences be removed by sanctioning leave of the kind due? (SAS 2/03)

Ans 712  (i) Vide Proviso (ii) of rule 7 2(1)(1)(a) of CSR Vol I, Part I, After six months, a government employee who is on suspension may have their subsistence payment cut by a sufficient amount, up to 50% of what was previously permitted during the first six months, if in the opinion of the Competent Authority, The length of the suspension has been extended for reasons that are solely the government worker’s fault.

(ii) As per proviso to rule 7.3B(7) of CSR Vol.1, Part-1, if the Government employee himself so desires, there is no bar to convert any portion of a period of suspension into leave of the kind due.

(iii) Vide Note 4 below rule 7.38(9) of CSR Vol 1 Part 1 the conversion of the period into leave has the effect of removing the stigma of suspension and all the adverse consequences arising therefrom.

Ques 713 A Government employee suspected of misappropriation of Government stores was placed under suspension w.e.f. 1.7.1990. The enquiry against him was concluded on 1.4.1991, on which date the competent punishing authority passed orders removing him from service and that as the enquiry had been prolonged for reasons directly attributable to the suspended Government employee, he should not be paid any subsistence allowance from 1.1.1991. Comments? (SAS 7/92)

Ans 713 The orders passed by the Competent Punishing Authority, not paying any subsistence allowance from 1.1.1991 to 31.3.1991 is against the provisions of proviso (i) to Rule 7.2(1)(1)(a) of CSR Vol I, Part-1. vide which the employee was required to be paid the subsistence allowance not less than 50% of the subsistence allowance being drawn by him during the period from 17.90 to 31.12.90.

Chapter 7 Dismissal Removal and Suspension Ques Ans (Part 2)

Important Link

Other Related Posts