dofp2024_00165 — When provision exists in Rule 23 (v) (d) of the CCS (CCA) Rules, 1965 to prefer appeal for enhancement of subsistence allowance, the same shall have to be availed of before seeking judicial intervention
Original Rule Text
When provision exists in Rule 23
(v)
(d) of the CCS (CCA) Rules, 1965 to prefer appeal for enhancement of subsistence allowance, the same shall have to be availed of before seeking judicial intervention — Case involves an appeal for enhancement of subsistence allowance by an applicant suspended since April 2021, despite alleged embezzlement. The administrative remedy available under Rule 23
(v)
(d) wa... — Facts: Non-increase of Subsistence allowance after 90 days of suspension despite request for the same is the challenge in this case. The Applicant while working as Sub-Postmaster, Gorumahisani Sub-Post Officer during the period of November, 2013 to July, 2018 was alleged to have manipulated Sanchay Post Date Base, defrauded the department and embezzled Government money to the tune of ₹ 9,20,79,112 and was placed under suspension with effect from 9-4-2021. The suspension period was extended from time to time but the subsistence allowance remained the same @ 50%. Hence he has filed this OA for a direction to the Respondents for enhancement of the subsistence allowance. Respondents resisted the OA on two grounds that this was a case of embezzlement of Government money of stupendous sum of over 9 crores and further provision exists under Rule 23
(v)
(d) for preferring an appeal to the Appellate Authority for enhancement of the subsistence allowance, which has not been availed of by the Applicant. In addition, it has been contended that such a right is discretionary in the hands of the sanctioning authority under Rule 53(1)
(a) of the Fundamental Rules.