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

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

Notes of PB CSR Vol 1 Part 1

Chapter 7

Dismissal Removal and Suspension

Ques 714 A Government employee suspected of misappropriation of Government stores was placed under suspension w.e.f. 15.3.1992, the enquiry against him was concluded on 1.7.93 on which date the Competent Authority passed orders removing him from service and held that the enquiry had been prolonged for reasons directly attributable to the suspended Government employee, he should not be paid any subsistence allowance w.e.f. 1.12.1992. It was also proposed that a compassionate allowance equal to what would be admissible to him if he had retired on medical certificate should be paid to him. Comments? (Marks 10) (SAS)

Ans 714 The order passed by the Competent Authority, not giving any subsistence allowance to the employee for the period of suspension from 1.12.93 onwards is against the provisions of proviso (ii) to rule 7.2(1)()(a) of CSR Vol 1 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 first six months of his suspension.

The proposal of the Competent Authority by allowing him a compassionate allowance equal to what would be admissible to him if he had retired on medical certificate is also against the provisions of rule 2.5 of CSR Vol II, vide which compassionate allowance not exceeding 2/3″ of pension which would have been admissible to him if he retired on medical certificate was required to be paid.

Ques 715 At what rate House Rent Allowance is admissible to a Government employee placed under suspension? (SAS 1/88)

Ans 715 Rule 7.2(1)(b) of CSR Vol 1, Part-1, lays down that house rent allowance based on full pay being drawn by the employee before suspension is admissible to him during the entire period of his suspension.

Ques 716 At what rate, the compensatory allowance is admissible during the period of suspension?  (SAS 1/88)

Ans 716 As per provisions of rule 7.2(1)(u)(b) of CSR VOL 1 Part 1,  a compensatory allowance, based on full pay being drawn by the employee before the suspension, is admissible to an employee during the period of suspension.

Ques 717 What is the position of admissibility of Compensatory allowance in the nature of fixed traveling allowance, conveyance allowance, washing allowance, diet allowance etc. during suspension of a Government employee. (SAS 12/98)(5)

Ans 717 Under rule 7.2(1)(b) of CSR Vol 1 Part 1, compensatory allowance in the nature of fixed traveling allowance, conveyance allowance, washing allowance, diet allowance etc. during the period of suspension of a Government employee are not admissible because the conditions laid down by the Government for the drawl of such allowances are not fulfilled when an employee is under suspension. In other words, such allowances are admissible only when employee is on duty.

Ques 718 A Competent Authority asked an employee under suspension to submit a certificate that he was not engaged in any other employment profession or vocation, before his subsistence allowance is drawn. Comments?

Ans 718 The action of the Competent Authority is in accordance with the provisions of rule 7.2(2) of CSR Vol 1 Part 1, vide which such a certificate is required to be taken from a Government employee under suspension before subsistence allowance is paid to him.

Ques 719 A Government employee under suspension is engaged in a private employment and earned emoluments more than subsistence allowance admissible during the suspension period but the Competent Authority proposes to pay him subsistence allowance admissible. Comments?

Ans 719 The proposal of the Competent Authority is against the provisions of proviso to rule 7.2(2) of CSR Vol 1 Part 1, vide which if the subsistence and other allowances admissible to a suspended employee are less than the amount earned by him, he shall not be entitled to the subsistence allowance.

Ques 720. A Government employee under suspension is entitled to subsistence and other allowance to the tune of Rs.6,000/- p.m. Regulate the subsistence and other allowances in the following circumstances: –

(a) He earned Rs.400 of per month through private employment during suspension.

(b) He earned Rs.8000/- per month through private employment during suspension.

Ques 720. A Government employee under suspension is entitled to subsistence and other allowance to the tune of Rs.6,000/- p.m. Regulate the subsistence and other allowances in the following circumstances: –

(a) He earned Rs.400 of per month through private employment during suspension.

(b) He earned Rs.8000/- per month through private employment during suspension.

Ans 720. According to proviso to rule 7.2(2) of CSR Vol.I, Part-1, the amount of subsistence and other allowance in both the circumstances is given below: –

(a) He will be entitled to Rs.2.600/- per month i.e equal to the difference between the amount of subsistence and other allowances that would otherwise be admissible to him and his earning during such period.

(b) He shall not be paid any subsistence allowance i.e where the amount of subsistence allowance admissible to him is less than the amount earned by him, nothing in the proviso shall apply to him.

Ques 721. Is it obligatory for the Suspending Authority to review the case of a suspended employee before the completion of six months of suspension and pass orders regarding enhancing or reducing or not changing the amount of subsistence allowance?

Ans 721. Vide note 2 bolow rule 7.2(2) of CSR Vol. I, Part-1, it is obligatory for the Suspending Authority to review the case of a suspended employee sufficient time before the expiry of first six months of suspension and pass orders regarding enhancing or reducing or not changing the amount of subsistence allowance to be allowed during the period exceeding six month of suspension.

Ques 722. A Government employee, who was compulsory retired, is reinstated after sometime by the Appellate Authority. How his pay allowances and period of absence will be regulated?

Ans 722. According to rule 7.3(2) & (3) of CSR Voll Part-1, if the Appellate Authority is of the opinion that the compulsory retired employee has been fully exonerated, he will be paid full pay and allowances for the penod of absence (when he remained out of service) and such period is to be treated as having been spent on duty. However, if the Authority considers some fault of the employee, he may be paid such pay and allowances (not being whole) as determined/fixed by the Authority, after giving notice to him and considering representation if any submitted by him. Such a period cannot be considered as spent on duty unless the Appellate Authority specifically direct so, vide rule 7.3(4) & (5) ibid.

Ques 723. A Government employee was dismissed by the Superintending Engineer. While considering his appeal, the Chief Engineer held that the employee was dismissed as a result of personal vendetta and reinstated him. What pay and allowances will be admissible to the employee for the period of two years he remained out of service and how this period is to be treated?

Ans 723. Under rule 7.3(2) & (3) of CSR Vol.I. Part-1, the employee will be entitled to full pay and allowances for two years he remained out of service. This period will be considered as spent on duty.

Ques 724. A Government employee was removed from service by the Appointing Authority. The Appellate Authority while considering the appeal held that the fault of the employee was not so serious which justify removal from service and reinstated him. What pay and allowances will be admissible in such a case for the period employee remained out of service?

Ans 724. As per rule 7.3(4) & (5) of CSR Vol.1, Part-l as the employee was not fully exonerated, he is entitled to such pay and allowances (not being whole) as the Appellate Authority decides after giving him the notice about the quantum proposed and considering representation. if any submitted by him. Such a period cannot be considered as spent on duty unless the Appellate Authority specifically directs so.

Ques 725. A Government employee was dismissed. While accepting his appeal, the Appellate Authority held some fault of the employee and ordered that he may be paid pay and allowances @ 60% for the period he remained out of service and the period may not be considered as spent on duty. Is the order legal according to rules?

Ans 725. The orders of the Appellate Authority is legal according to rules only if it has been passed after giving due notice to employee proposing 60% of pay and allowance and considering representation if any submitted by him vide rule 7:3(4) of CSR Vol 1 Part 1. The orders regarding period not to be considered as spent on duty is in accordance with the rule 7 3(5) ibid.

Chapter 7 Dismissal Removal and Suspension Ques Ans (Part 1)

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