Para 2.23 — GPF_MANUAL

2.23 Member of an all India service was placed under suspension until termination of all the criminal proceedings against him in a Court of Law. During the pendency of the court proceedings, he was prematurely retired under Rule 16(3) of A.I.S.(DCRG) Rules,1958. Final payment of the balance at credit of the Provident Fund account was also made. Thereafter on acquittal from the Court, the State Government ordered that as the officer would have been reinstated but for retirement from service, the period of absence was to be treated as duty and full pay to which he would have been entitled but for suspension may be paid to him. A question arose whether any deduction could at all be made from his arrears of salary for the period of suspension as he was no longer in service and final payment had already been made and if so, whether the subscription should be limited to the rate at which he subscribed before suspension in view of the decision mentioned in para 1 above, it has been held by Headquarters office that Provident Fund subscription could not be deducted from arrears pay bill of the All India Service Officer mentioned above. (CAG’s letter No.666-Audit/87-79 dt.18.9.79 File No.PF Misc./C.135 Vol.IV C)