Dismissal, Removal and Suspension
Termination of service on removal or dismissal
70. The pay and allowances of a Government employee who is dismissed or removed from service cease from the date of such dismissal or removal. Note:
Dismissal or removal from service terminates the service of an officer as from the date on which the relevant order is passed. The order of dismissal or removal from service cannot thus be given a retrospective effect with reference to the date of the order.
চাকরি থেকে বরখাস্ত বা অপসারিত একজন সরকারি কর্মচারীর বেতন ও ভাতা এই ধরনের বরখাস্ত বা অপসারণের তারিখ থেকে বন্ধ হয়ে যায়।
বিঃদ্রঃ:
চাকরি থেকে বরখাস্ত বা অপসারণ একটি কর্মকর্তার চাকরির অবসান ঘটায় যে তারিখে প্রাসঙ্গিক আদেশ পাস হয়। চাকরি থেকে বরখাস্ত বা অপসারণের আদেশ এইভাবে আদেশের তারিখের সাথে পূর্ববর্তী প্রভাব দেওয়া যাবে না।
Subsistence grant while under suspension.
**71.(1) A Government employee under suspension or deemed to have been placed under suspension by an order of the appointing authority shall be entitled to the following payments, namely:
(a) a subsistence allowance at an amount equal to the leave salary which the Government employee would have drawn if he had been on half-pay:
*71.(1) নিয়োগকারী কর্তৃপক্ষের আদেশ দ্বারা সাময়িক বরখাস্ত বা বরখাস্ত করা হয়েছে বলে মনে করা একজন সরকারি কর্মচারী নিম্নলিখিত অর্থপ্রদানের অধিকারী হবেন, যথা:
(ক) ছুটির বেতনের সমান পরিমাণে একটি জীবিকা ভাতা যা সরকারী কর্মচারী যদি অর্ধ-বেতনে থাকতেন তবে তিনি পেতেন:
Provided that where the period of suspension exceeds three months the authority which made or deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows:
(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Government employee,
তবে শর্ত থাকে যে স্থগিতাদেশের মেয়াদ তিন মাসের বেশি হলে যে কর্তৃপক্ষ স্থগিতাদেশের আদেশ করেছে বা করেছে বলে গণ্য করা হয়েছে, সেই কর্তৃপক্ষ প্রথম তিন মাসের সময়কালের পরবর্তী যেকোনো সময়ের জন্য নিম্নোক্তভাবে জীবিকা ভাতার পরিমাণ পরিবর্তন করতে সক্ষম হবে:
(i) জীবিকা ভাতার পরিমাণ একটি উপযুক্ত পরিমাণ দ্বারা বৃদ্ধি করা যেতে পারে, প্রথম তিন মাসের সময়কালে গ্রহণযোগ্য নির্বাহ ভাতার 50 শতাংশের বেশি নয়, যদি উল্লিখিত কর্তৃপক্ষের মতে, স্থগিতাদেশের সময়কাল ছিল লিখিতভাবে লিপিবদ্ধ করার কারণে দীর্ঘায়িত, সরাসরি সরকারি কর্মচারীর জন্য দায়ী নয়,
(ii) the amount of subsistence allowance may be reduced by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged due to reasons, to be recorded in writing, directly attributable to the Government employee;
(ii) জীবিকা ভাতার পরিমাণ উপযুক্ত পরিমাণ দ্বারা হ্রাস করা যেতে পারে, প্রথম তিন মাসের সময়কালে গ্রহণযোগ্য নির্বাহ ভাতার 50 শতাংশের বেশি নয়, যদি উল্লিখিত কর্তৃপক্ষের মতে, স্থগিতাদেশের সময়কাল ছিল দীর্ঘায়িত কারণে, লিখিতভাবে লিপিবদ্ধ করতে হবে, সরাসরি সরকারী কর্মচারীর জন্য দায়ী;
(b) Dearness, Medical or other compensatory allowance if any, admissible from time to time on the basis of pay which the Government employee was in receipt on the date of suspension or such portion thereof as the suspending authority may direct subject to the fulfilment of other conditions laid down for the drawal of such allowances.
(খ) মহার্ঘ্যভাতা, চিকিৎসা বা অন্যান্য ক্ষতিপূরণমূলক ভাতা যদি থাকে, সময়ে সময়ে প্রদত্ত বেতনের ভিত্তিতে যা সরকারি কর্মচারী বরখাস্তের তারিখে প্রাপ্তিতে ছিলেন বা স্থগিতকারী কর্তৃপক্ষের নির্দেশ পূরণের সাপেক্ষে তার অনুরূপ অংশ। এই ধরনের ভাতা প্রত্যাহারের জন্য নির্ধারিত অন্যান্য শর্ত।
(2) No payment under sub-rule (1) shall be made unless the Government employee furnishes a certificate that he is not engaged in any other employment, business, profession or vocation:
Provided that in the case of a Government employee dismissed, removed or compulsorily retired from service, who is deemed to have been placed or to continue to be under suspension from the date of such dismissal or removal or compulsory retirement; and who fails to produce such a certificate for any period a or suspension, he shall be entitled to the subsistence allowance and other allowances equal to the amount by which his earning during such period or periods as the case may be, falls short of the amount of subsistence allowance and other allowances that would otherwise be admissible to him; where the subsistence allowance and other allowances admissible to him are equal to or less than the amount earned by him, nothing in this proviso shall apply to him.
2) উপ-বিধি (1) এর অধীনে কোন অর্থ প্রদান করা হবে না যদি না সরকারী কর্মচারী একটি শংসাপত্র প্রদান করেন যে তিনি অন্য কোন চাকরি, ব্যবসা, পেশা বা পেশায় নিযুক্ত নন:
তবে শর্ত থাকে যে, চাকরি থেকে বরখাস্ত, অপসারিত বা বাধ্যতামূলকভাবে অবসরপ্রাপ্ত কোনো সরকারি কর্মচারীর ক্ষেত্রে, যাকে বরখাস্ত বা অপসারণ বা বাধ্যতামূলক অবসরের তারিখ থেকে স্থগিত করা হয়েছে বা স্থগিত রাখা হয়েছে বলে মনে করা হয়; এবং যে কোনো মেয়াদ বা স্থগিতাদেশের জন্য এই ধরনের একটি শংসাপত্র উপস্থাপন করতে ব্যর্থ হন, তিনি নির্বাহ ভাতা এবং অন্যান্য ভাতা পাওয়ার জন্য প্রাপ্য হবেন যে পরিমাণ অর্থের দ্বারা তার এই সময়কাল বা সময়কালে উপার্জনের পরিমাণের তুলনায় কম হয়। জীবিকা ভাতা এবং অন্যান্য ভাতা যা অন্যথায় তার জন্য গ্রহণযোগ্য হবে; যেখানে জীবিকা ভাতা এবং তার জন্য গ্রহণযোগ্য অন্যান্য ভাতাগুলি তার দ্বারা অর্জিত পরিমাণের সমান বা কম, এই শর্তের কিছুই তার জন্য প্রযোজ্য হবে না।
(3) There shall be recovered from the subsistence allowance granted to the Government employee the following which would have been recovered from his salary had he not been suspended:
(3) সরকারী কর্মচারীকে প্রদত্ত নির্বাহ ভাতা থেকে নিম্নলিখিতগুলি আদায় করা হবে যা তাকে স্থগিত না করা হলে তার বেতন থেকে আদায় করা হত:
Provided that the total amount of the recoveries to be made under clauses (c) to (e) shall not, unless the Government by the special order otherwise directs, exceed one-third of the subsistence allowance to the Government employee referred to in clause (a) of sub-rule (1) and where the total amount calculated to be so recovered under clauses (c) to (e) exceeds one-third of such subsistence allowance, sanction of the appointing authority shall be obtained as to the amount to be recovered under each of the aforesaid clauses in order that the total amount of such recoveries may not exceed one-third of such subsistence allowance.
(4) Recovery may also be made from the subsistence allowance to the Government employee with his written consent and to the extent agreed upon in respect of the following, namely:
(i) subscriptions to a Provident Fund;
(ii ) premia due on Postal Life Insurance policies;
(iii) dues of any Co-operative Society; and
(iv) amount due on the court attachments.
Note
1. When a Government employee under suspension was in the temporary post before he was placed on suspension, the question of extension of the term of the temporary post may arise. The competent authority shall take a decision whether the individual who is due to be discharged on account of the expiry of the sanction of the post held by him or otherwise becomes liable to be retrenched or whether, to enable disciplinary proceedings being continued, steps should be taken to provide a post for him. In the latter case his post may be extended without reference to higher authority if there is no time to refer the matter for such sanction, otherwise the sanction of the competent authority should be obtained as usual in each case.
2. (i) The subsistence allowance shall not be denied on any ground unless a Government employee is unable to/does not furnish a certificate that he is not engaged in other employment, business, profession or vocation during the period of suspension.
(ii) Each claim for subsistence and compensatory/house rent allowance shall be supported by a certificate by the Government employee, concerned to the effect that he is not engaged in any employment, business, profession or vocation during the period to which the claim relates.
(iii) Review-----
(a) First review A review of the subsistence allowance shall be made before the end of three months from the date of suspension. This will also give an opportunity to the competent authority to review not merely the subsistence allowance but also the substantive question of suspension.
(b) Second or subsequent review(s)—There is no objection to such review(s) being made by the competent authority. Such authority shall be competent to increase or decrease the rate of subsistence allowance up to 50 per cent of the amount of the subsistence allowance initially granted according to the circumstances of each case. A second or subsequent review can be made at any time at the discretion of the competent authority.
(c) Retrospective revision—It is not considered advisable that any order revising the rate of subsistence allowance should be given retrospective effect. This is merely an advice of caution intended to serve as a guideline to the competent authority ordering variation in subsistence allowance as such authority in all cases shall initiate action in sufficient time so that requisite order can take effect as soon as a suspended officer completes three months under suspension. This does not override the power of the competent authority conferred under this rule to revise the subsistence allowance. As such, in case an order for variation of subsistence allowance under this rule is passed by the competent authority (disciplinary or appellate) after quite some time from the expiry of the requisite three months and that authority is satisfied that the variation has got to be recorded in writing and orders accordingly, the same shall be valid and binding on all concerned.
(d) Deemed suspension and law of Limitation-A Government employee in whose case the order of suspension is deemed to have been continued in force or who is deemed to have been placed under suspension from the date of original order of dismissal/removal/compulsory retirement from service under relevant provisions of the West Bengal Services (Classification, Control and Appeal) Rules, 1971, he is to be paid subsistence and other allowances under this rule with retrospective effect from the date of order of such dismissal, removal compulsory retirement.
Sub: Quantum of Dearness allowance to a Government Employee placed under suspension
MEMORANDUM
A question has been raised from different quarters as to what will be the quantum of dearness allowance admissible to a Government employee placed under suspension in terms of rule 71 of the WBSR-1 and whether merger of 50% of the subsistence allowance paid to the employee under suspension will be done for computing the amount of dearness allowance with effect from 1st April, 2007 on the analogy of F.D. Memo No. 2415-F dated 27.3.07 read with No. 2416-F dated 27.3.07.
After careful consideration of the matter, the undersigned is directed by order of the Governor to say that since subsistence allowance will be equal to the leave salary which the Government employee would have drawn if he had been on half-pay, the rate of dearness allowance will be on such amount of subsistence allowance and if the subsistence allowance is increased or decreased, as the case may be, under clauses (i) or (ii) of sub-rule (1) of rule 71 of the WBSR1, the rate of dearness allowance will be based on the increased or decreased amount of such subsistence allowance.
The undersigned is further directed to say that with effect from 1st April, 2007, for the purpose of computing dearness allowance on the amount of subsistence allowance admissible to a Government employee under suspension, 50% of the amount of subsistence allowance will be merged with the admissible subsistence allowance and dearness allowance will be paid at the rate as admissible under F.D. Memo No. 2416-F dated 27.3.2007 taking into account the amount of subsistence allowance and 50% of the said amount taken together.
(Source: No. 4652-F, dated 18th June, 2007]
Review of subsistence allowance granted to an employee under suspension
MEMORANDUM
Notification No. 9266-F(P), dated 16.11.2012.-Note 2 (ii)(a) below rule 71(4) of the West Bengal Service Rules, Part-1 provides for a review of the subsistence allowance granted to an employee under suspension as well as the substantive question of suspension within three months from the date of suspension or deemed to have been placed under suspension. It has come to the notice of the government that though the subsistence allowance granted to an employee under suspension is reviewed by the competent authority within three months from the date of suspension as a matter of course, the substantive question of suspension remains un-reviewed.
2. After careful consideration of the matter in all its aspects the Gover has been pleased to constitute the following Review Committees comprising the following members to review the subsistence allowance granted to the government employees while under suspension as well as to review the substantive question of suspension:
A. Review Committee in cases of considering suspension of Government employees whose appointing authority is the Governor:
(i) Chief Secretary, Government of West Bengal. ----------- Chairman
(ii) Departmental Secretary (Cadre Controlling Authority)--------- Member Secretary
(iii) Controlling Authority/Disciplinary Authority (Other than Cadre Controlling Authority) of the suspended Government employee ----------- Member
Or
An Officer not below the rank of Joint Secretary to be nominated by the Cadre Controlling Authority.
(iv) A nominee of P&AR Department not below the rank of Joint Secretary.
-------To be co-opted as Member
(v) A nominee of Finance Deptt. not below the rank of Joint Secretary ------ Member
B. Review Committee in cases of considering suspension of the Government employees whose appointing authority is sub-ordinate to the Governor:
(i) Principal Secretary/Secretary/Cadre Controlling Authority ------- Chairman
(ii) Controlling Authority/Disciplinary Authority of the suspended Government employee
----------- Member Secretary
.
(iii) Deputy Secretary/Deputy Director of the concerned department/directorate, where the suspended Government employee last posted ------ Member
(iv) A nominee of Finance Department ---------- Member
3. The Governor has further been pleased to lay down the following functions and procedure to be followed by the Review Committee so constituted.
A. Functions.
(i) The Review Committee shall review the cases of Officers/employees under suspension in order to determine whether there are sufficient grounds for continuation of suspension.
(ii) In every case the review shall be done within 90 (ninety) days from the date of order of suspension or deemed to have been placed under suspension. In a case where the period of suspension has been found to be prolonged, the next review shall be done within 180 (One hundred eighty) days from the date of last review.
B. Procedure.
(1) The Review Committee, while assessing the justification for further continuation of any suspension, shall look into the progress of inquiry/investigation against the officer by obtaining relevant information from the authority inquiring/investigating into the charges.
(ii) The Review Committee, while examining a case, shall consider the possibility of tampering with the evidence and/or influencing the process of inquiry or investigation by the officer/employee under suspension
(iii) The Review Committee shall submit a detailed report clearly stating its recommendations including variation of the amount of subsistence allowance in terms of proviso to rule 71(1)(a) of W.B.S.R. Part-1 and the reasons for arriving at such recommendations to the appointing authority concerned for considering further course of action.
4. Necessary amendments in the West Bengal Service Rules, Part-I and the West Bengal Services (Classification, Control and Appeal) Rules, 1971 shall be made in due course.
Pay and allowances on reinstatement.
**72.(1) When a Government employee who has been dismissed, removed or compulsorily retired is reinstated as a result of appeal or review or would have been so reinstated but for his retirement on superannuation while under suspension or not, the authority competent to order reinstatement shall consider and make a specific order
(a) regarding the pay and allowance to be paid to the Government employee for the period of his absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be; and
(b) whether or not the said period shall be treated as a period spent on duty. (2) Where the authority competent to order reinstatement is of opinion that the Government employee who had been dismissed, removed or compulsorily retired has been fully exonerated, the Government employee shall, subject to the provisions of sub-rule (6), be paid the full pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be:
Provided that where such authority is of opinion that the termination of the proceedings instituted against the Government employee had been delayed due to reasons directly attributable to the Government employee it may, after giving him an opportunity to make his representation within sixty days from the date on which the communication in this ard is served on him and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the Government employee shall, subject to the provisions of sub-rule (7), be paid for the period of such delay, only such amount (not being the whole) of such pay and allowances as it may determine.
(3) In a case falling under sub-rule (2), the period of absence from duty including the period of suspension preceding dismissal, removal or compulsory retirement, as the case may be, shall be treated as a period spent on duty for all purposes.
(4) In cases other than those covered by sub-rule (2), including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the appellate or reviewing authority solely on the ground of non-compliance with the requirements of clause (1) or clause (2) of Article 311 of the Constitution of India and no further inquiry is proposed to be held the Government employee shall subject to the provisions of sub-rules (6) and (7), be paid such amount (not being whole) of the pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine after giving notice to the Government employee of the quantum proposed after considering the representation, if any, submitted by him in that connection within such period, which in no case shall exceed 60 days from the date on which notice has been served, as may be specified in the notice.
(5) In a case falling under sub-rule (4) the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty, unless the competent authority specifically directs that it shall be treated so for any specified purpose:
Provided that if the Government employee so desires, such authority may direct that the period of absence from duty including the period of suspension preceding the dismissal, removal or compulsory retirement, as the case may be, shall be converted into leave of any kind due and admissible to the Government employee.
Note:
The order of the competent authority under the proviso to this sub-rule shall be absolute and no higher sanction shall be necessary for the grant of -
(a) extraordinary leave in excess of three months in the case of temporary Government employee; and
(b) leave of any kind in excess of five years in the case of permanent Government employee.
(6) The payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to all other conditions under which such allowances are admissible.
(7) The amount determined under the proviso to sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under rule 71.
(8) Any payment made under this rule to a Government employee on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of removal, dismissal or compulsory retirement as the case may be, and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than the amounts earned during the employment elsewhere, nothing shall be paid to the Government employee.
Pay and allowances on reinstatement when orders of dismissal, etc. are set aside by a court of law.
**72A. (1) Where the dismissal, removal or compulsory retirement of a Government employee is set aside by a Court of law, and such Government employee is reinstated without holding any further inquiry, the period of absence trom duty shall be regularised and the Government employee shall be paid pay and allowances in accordance with the provisions of sub-rule (2) or sub-rule (3) subject to the directions, if any, of the court.
(2) (i) Where the dismissal, removal or compulsory retirement of a Government employee is set aside by the court solely on the ground of non-compliance with the requirements of clause (1) or clause (2) of Article 311 of the Constitution, and where he is not exonerated on merits, the Government employee shall, subject to the provisions in sub-rule (7) of rule 72 be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine after giving notice to the Government employee of the quantum proposed and after considering the representation, if any, submitted by him, in that connection, within such period, which in no case shall exceed sixty days from the date on which the notice has been served, as may be specified in the notice.
(ii) The period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of judgment of the court shall be regularised in accordance with the provisions contained in sub-rule (5) of rule 72.
(3) If the dismissal, removal or compulsory retirement of a Government employee is set aside by the court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be treated as duty for all purposes and he shall be paid the full pay and allowance for the period, to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be.
(4) The payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to all other conditions under which such allowances are are admissible.
(5) Any payment made under this rule to a Government employee on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal removal or compulsory retirement and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than those earned during the employment elsewhere, nothing shall be paid to the Government employee
Pay and allowances on reinstatement by competent authority.
**72B.(1) When a Government employee who had been suspended is reinstated or would have been so reinstated but for his retirement including premature retirement while under suspension the authority competent to order reinstatement shall consider and make a specific order
(a) regarding the pay and allowances to be paid to the Government employee for the period of suspension ending with reinstatement or the date of retirement including premature retirement, as the case may be; and
(b) whether or not the said period shall be treated as a period spent on duty.
(2) Notwithstanding anything contained in rule 71, where a Government employee under suspension dies before the disciplinary or court proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for the period to which he would have been entitled had he not been suspended, subject to adjustment in respect of subsistence allowance already paid.
(3) Where the authority competent to order reinstatement is of opinion that the suspension was wholly unjustified, the Government employee shall, subject to the provisions of sub-rule (8), be paid the full pay and allowances to which he would have been entitled, had he not been suspended:
Provided that where such authority is of opinion that the termination of the proceedings instituted against the Government employee had been delayed due to reasons directly attributable to the Government employee it may, after giving him an opportunity to make his representation within sixty days from the date on which the communication in this regard is served on him and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the Government employee shall be paid for the period of such only such amount (not being the whole) of such pay and allowances as it may determine.
(4) In a case falling under sub-rule (3) the period of suspension shall be treated as a period spent on duty for all purposes.
(5) In cases other than those falling under sub-rule (2) or sub-rule (3), the Government employee shall, subject to the provisions of sub-rules (8) and (9) be paid such amount (not being whole) of the pay and allowances to which he would have been entitled had he not been suspended, as the competent authority may determine after giving notice to the Government employee of the quantum proposed and considering the representation, if any, submitted by him in that connection within such period which in no case shall exceed sixty days from the date on which the notice has been served as may be specified in the notice.
(6) Where suspension is revoked pending finalisation of the disciplinary or court proceedings, any order passed under sub-rule (1) before the conclusion of the proceedings against the Government employee, shall be reviewed on its own motion after the conclusion of the proceedings by the authority mentioned in sub-rule (1) who shall make an order according to the provisions of sub-rule (3) or sub-rule (5), as the case may be.
(7) In cases falling under sub-rule (5) the period of suspension shall not be treated as a period spent on duty unless the competent authority specifically directs that it shall be so treated for any specific purpose:
Provided that if the Government employee so desires, such authority may order that the period of suspension shall be converted into leave of any kind due and admissible to the Government employee.
Note:
The order of the competent authority shall be absolute and no higher sanction shall be necessary for the grant of -
(a) extraordinary leave in excess of three months in the case of temporary Government employee; and
(b) leave of any kind in excess of five years in the case of permanent Government employee.
(8) The payment of allowances under sub-rule (2), sub-rule (3) or sub-rule (5) shall be subject to all other conditions under which such allowances are admissible.
(9) The amount determined under the proviso to sub-rule (3) or under sub-rule (5) shall not be less than the subsistence allowance and other allowances admissible under rule 71.
Note:
1. When the orders passed are in respect of a Government employee in temporary employ, regard should be had to the period for which the temporary appointment was sanctioned.
2. A permanent post vacated by the dismissal, removal or compulsory retirement of a Government employee should not be filled up substantively until the expiry of the period of one year from the date of such dismissal, removal or compulsory retirement, as the case may be. On the expiry of the period of one year the post may be filled up substantively subject to the condition that the arrangement so made will be reversed if the dismissed Government employee is reinstated on appeal or otherwise. It is not necessary to keep a post vacant for a period of one year to provide for the contingency of subsequent reinstatement and confirmation in respect of an officer who at the time of dismissal, removal or compulsory retirement was not holding substantively permanent post but would have been considered for confirmation but for the penalty imposed.
3. Where the period of suspension is ordered to be treated as one spent on leave and when on conversion it is found that part of the period is treated as extraordinary leave for which no leave salary is admissible, the recovery of the subsistence allowance already paid shall be in order. The moment the period of suspension is converted into leave it has the effect of vacating the order of suspension and it would be deemed not to have been passed at all. Therefore, if it is found that the total amount of the subsistence and other allowances that an officer received during the period of suspension exceeds the amount of leave salary and allowances, the excess shall have to be refunded.
4. A person who is removed or dismissed from service has no locus standi as a Government employee. There is thus no bar to such a person accepting an employment when an appeal or a representation against the penalties imposed on him is pending before a higher authority or where a suit against Government for redress of his grievances is sub-judice in the court of law. If, however, the penalty of removal or dismissal from service is set aside in consequence of or by a decision of the higher authority or of the court of law and the person concerned is reinstated in service from a date earlier than the date on which the relevant order is passed, arrear due, if any, admissible to the reinstated person shall be deducted by the amount drawn during the period of such employment.
73. Omitted
1. Decision in Finance Department, File No. IR-18(28)/71.
Leave during a period of suspension or while in prison.
74. Leave may not be granted to a Government employee while he is under suspension or committed to prison.
. Note:
1. This rule does not prevent the grant to a Government employee on the termination of the period of his suspension or of the proceedings in connection with which he was committed to prison, of leave for the period of his suspension or commital to prison.
2. In an establishment where provision for leave reserves exists any vacancy caused on account of the suspension of a Government employee or of his committal to prison for debt or on a criminal charge should be filled by a reservist and where a "reservist" is not available, the post should, subject to the provision of Note 1 below rule 55, be filled by an officiating appointment. It is, however, not necessary to create an extra post.
Work-Charged Staff.
74A. The rules in this Chapter will also apply to the Work-Charged Staff employed under the different Departments of the Government.
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