Section 116 in The Delhi School Education Rules, 1973
116. Subsistence allowance.
(1)An employee, under suspension shall, in relation to the period of suspension, be entitled to the following payments, namely:-(a)a subsistence allowance at an amount equal to one-half of the pay last drawn by him and in addition to such pay, dearness allowance at the appropriate rate to be paid in the same manner as salary:Provided that where the period of suspension is extended beyond [six months] [Substituted by The Delhi School Education (Amendment), Rules 1990 (w.e.f. 23.2.1990).], the managing committee shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of past [six months] [Substituted by The Delhi School Education (Amendment), Rules 1990 (w.e.f. 23.2.1990).] as follows:(i)the amount of subsistence allowance may be increased by a suitable amount, not exceeding fifty per cent of the subsistence allowance admissible for the period of first [six months] [Substituted by The Delhi School Education (Amendment), Rules 1990 (w.e.f. 23.2.1990).], if, in the opinion of the managing committee, to be recorded in writing, the period of suspension has been prolonged, for reasons not directly attributable to the employee;(ii)the amount of subsistence allowance may be reduced by a suitable amount not exceeding fifty per cent of the subsistence allowance admissible for the first [six months] [Substituted by The Delhi School Education (Amendment), Rules 1990 (w.e.f. 23.2.1990).], if, in the opinion of the managing committee, to be recorded in writing the period of suspension has been prolonged due to reasons directly attributable lo the employee;(b)any other compensatory allowance admissible, from time to time, on the basis of pay of which the employee was in receipt on the date of suspension:Provided that the employee shall not be entitled to the compensatory allowance unless the managing committee is satisfied that the employee continues to meet the expenditure for which such compensatory allowance is admissible;(c)no payment of subsistence allowance shall be made unless the employee furnishes a certificate to the effect that he is not engaged in any other employment, business, profession or vocation;Provided that in the case of an employee dismissed, removed or compulsorily retired from service, who is deemed to have been placed or to continue to be under suspension and who fails to produce such a certificate for any period or periods during which he is deemed to be placed or continue to be under suspension, he shall be entitled to the subsistence allowance and other allowances equal to the amount by which his earnings during such period or periods, as the case may be, fall short of the amount of subsistence allowance and other allowances that would otherwise be admissible to him; where these subsistence 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)If the managing committee fails to pay any subsistence allowance or compensatory allowance within thirty days from the date from which the payment becomes due, the employee may appeal to the Director, who may pass appropriate orders:Provide that in the case of an aided school, the managing committee shall deposit with theAdministrator its share of the subsistence allowance and the Administrator shall make arrangements for the payment of the subsistence allowance admissible to an employee under suspension.(3)If any doubt arises with regard to the application of this rule, the same shall be resolved in accordance with the orders issued by the Central Government in respect of its employees.(4)Where a suspended employee is exonerated after disciplinary proceeding or where any criminal prosecution against a suspended employee ends with an honorable acquittal the salaries and allowances of such employee minus the subsistence allowance received by him shall be paid to him from the date on which he was suspended.
