Under FR 53(1)(ii)(a), the enhancement of subsistence allowance beyond three months of suspension is a discretionary power vested in the competent authority to be exercised based on specific circumstances, and there is no absolute right for a suspended employee to claim the maximum 75% limit.

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

In exercise of power conferred under sub rule (1) of Rule 10 of Central Civil Services (Classification Control & Appeal) Rules, 1965, the Superintendent of Post Offices, Mayurbhanj Division, Baripada, placed the Applicant under suspension while he was working as Postal Assistant, Rairangpur Head Post Office, Rairangpur, Mayurbhanj-757043. He was sanctioned an amount equal to leave salary which he would have drawn had he been on leave on half pay towards Subsistence Allowance from the date of his suspension. The order of suspension was reviewed and extended by the competent authority from time to time. In terms of Rules, the amount of Subsistence Allowance may be increased by a suitable amount, not exceeding 50 percent 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 servant. The applicant submitted representation dated 24.01.2022 for enhancement of SA. The said representation was disposed of by Supdt. Of Post Offices, Mayurbhanj on 04.05.2022 and impugning and challenging the said order, the applicant filed OA No. 238 of 2022 before this Bench; which was disposed of on 24.01.2023 with liberty to the applicant to approach before the Appellate Authority. Applicant accordingly preferred appeal on 30.01.2023. The Appellate authority after recording the nitty-gritty of the entire matter vide order dated 01.03.2023 directed as under:

"However, from the discussions narrated above, it is clear that investigation is not yet completed. The appellant is cooperating in the investigation. As such, the period of suspension is prolonged for the reasons not directly attributable to the official. As such, the amount of subsistence allowance should be increased to 60% of the subsistence allowance now being paid to him with immediate effect". [emphasis supplied]

BEING AGGRIEVED by the order dated 01.03.2023 in enhancing Subsistence Allowance from 50% to 60%, instead of 75%, that too from the date of order [i.e. 01.02.202023], the applicant has filed this Original Application praying for direction to the Respondent No.2 to pay him Subsistence Allowance @75% of his actual pay instead of 60%.

2. Respondents have filed their counter contesting/objecting the stand and prayer of the applicant made in the OA. The theme and cream of the stand taken by the Respondents in their counter; which has been reiterated by learned counsel appearing for the applicant is that the applicant was placed under suspension in contemplation of disciplinary proceedings. His order of suspension was reviewed and extended from time to time by the competent authority, as per Rules. Meantime, charge sheet under Rule 14 of CCS (CC&A) Rules, 1965 was issued to him. The applicant in collaboration with others hatched a conspiracy for siphoning off Government money which was reported to CBI, Anti Corruption Bureau, BBSR. The Applicant is not cooperating in the inquiry process and by filing unnecessary OÄs and representations lingering the disciplinary proceedings. The competent authority, after considering the matter in its entirety and keeping in mind the provisions of rules under FR 53 (1) (ii) (a) relating to enhancement of SA, vide Memo dated 01.03.2023, ordered for enhancement of SA from 50% to 60%. The SA granted to him i