it2025_00328 — The interim period of suspension from February, 2012 to January, 2013, the Subsistence Allowance of the Applicant, involved in a CBI case for helping his accomplice to receive a bribe of ₹ 3,50,000 is raised to 50% instead of 25% from 6-2-2012 as ordered by Tribunal. His request for raising his Subsistence Allowance to 75% is to be considered if the prolonging of the suspension cannot be directly attributed to the charged employee
Original Rule Text
The interim period of suspension from February, 2012 to January, 2013, the Subsistence Allowance of the Applicant, involved in a CBI case for helping his accomplice to receive a bribe of ₹ 3,50,000 is raised to 50% instead of 25% from 6-2-2012 as ordered by Tribunal. His request for raising his Subsistence Allowance to 75% is to be considered if the prolonging of the suspension cannot be directly attributed to the charged employee — The case is about an employee under suspension due to allegations of bribery, who seeks increased subsistence allowance. The chunk discusses the payment of subsistence allowance from February 2012 to... — Facts: The Applicant, a Lower Division Clerk in the Office of Chief Records Officer, Brigade of Guards, Kamptee Cantonment, Nagpur was placed under suspension on 20-5-2011 with effect from 18-5-2011 as he was detained by Central Bureau of Investigation (CBI) for more than 48 hours in connection with an allegation made against him under the Prevention of Corruption Act. His request for revoking his suspension was rejected by Order, dated 17-5-2012. He filed an OA to enhance his Subsistence Allowance at the rate of 50% from the month of February, 2012 and also to increase his Subsistence Allowance to 75% of his Pay and Allowance. For his bribe taking of ₹ 3,50,000 in helping his associate and detained under Police custody, a case under Section 120-B of IPC and Sections 7, 8, 13(2) read with 13(1)
(d) of Prevention of Corruption Act, 1988, he was arrested and kept under custody over 48 hours which led to his suspension and payment of Subsistence Allowance at the rate of 25% by Memorandum, dated 14-2-2012 as the allegation is serious and he was charge-sheeted vide CC of 2011, dated 13-12-2011 in the Court of Special Judge, Nagpur. Reduction of Subsistence Allowance was challenged by him in O.A. No. 481of 2012 and that OA was disposed of directing the Respondents to take a judicious decision. The Subsistence Allowance thereby was increased to 50% while extending the suspension for further period of 180 days with effect from 6-2-2013. The Applicant is aggrieved that his Subsistence Allowance was increased to 50% only from 5-2-2013 instead of February, 2012 when it was reduced to 25%. He also prays for increasing his Subsistence Allowance to 75% as per rules as he is under suspension from 25-5-2011. He filed a representation for revoking his suspension and also review the Suspension Allowance of 25% and reinstate him in service from 29-3-2013. For the above relief, he has filed this OA. His request for interim relief was not acceded to.