Section 11 in Bihar Government Servants (Classification, Control & Appeal) Rules, 2005
11. Treatment of service on reinstatement and admissibility of pay and allowances after suspension.
(1)When a government servant under suspension is reinstated or would have been so reinstated but for his superannuation while under suspension, the disciplinary authority shall consider and make specific order regarding the following-(a)the pay and allowances to be paid to the government servant for the period of suspension ending with reinstatement or the date of his retirement on superannuation, as the case may be, and(b)whether or not the said period shall be treated as a period spent on duty.(2)Notwithstanding anything contained in Rule-10 of these Rules, where a Government Servant under suspension has died before the disciplinary or court proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as on duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled had he not been suspended. While making such payment adjustment shall be made in respect of subsistence allowance and other allowances already paid and the adjustment of Government dues or loans.(3)Where the disciplinary authority is of the opinion that the suspension was wholly unjustified, the Government Servant shall, subject to the provisions of sub-rule (8) of this Rule, be paid such full pay and allowances to which he would have been entitled, had he not been suspended. While making such payment adjustment shall be made in respect of subsistence allowance and other allowances already paid:Provided that where such authority is of the opinion that the termination of the proceedings instituted against the Government Servant had been delayed due to reasons directly for which the Government Servant is liable, it may, give the Government Servant an opportunity to make his or her representation and consider the representation, if any, submitted by him or her. After that it may direct, for reasons to be recorded in writing, that the Government Servant shall be paid for the period of such delay only such proportion of such pay and allowances as may be determined by it.(4)In cases falling under sub-rule (3) of this Rule, the period of suspension shall be treated as a period spent on duty for all purposes.(5)In cases other than those falling under sub-rules (2) and (3) of this Rule, the Government Servant shall subject to the provisions of sub-rules (8) and (9), be paid such proportion of the full pay and allowances to which he would have been entitled had he not been suspended, as the disciplinary authority may determine. Such determination by the disciplinary authority shall be done after giving notice to the Government Servant of the quantum proposed and after considering the representation, if any, submitted by him in that connection within sixty days from the date on which notice aforesaid is served on the Government Servant.(6)Where suspension is revoked pending finalisation of the disciplinary proceeding or proceedings in a court, any order passed under sub-rule (1) of this Rule before the conclusion of the proceedings against the Government Servant, shall be reviewed on its own motion after the conclusion of the proceedings by the disciplinary authority and an order shall be made by him in accordance with the provisions contained in sub-rule (3) or sub-rule (5), as the case may be.(7)In a case falling under sub-rule (5) of this Rule the period of suspension shall not be treated as a period spent on duty, unless the disciplinary authority specifically directs that it shall be the period spent for any specified purposes.(8)The payment of allowances under sub-rule (2), sub-rule (3) or sub-rule (5) of this Rule shall be subject to all other conditions under which such allowances are admissible.(9)The proportion of the full pay and allowances determined under the proviso to sub-rule (3) or under sub-rule (5) of this Rule shall neither be equal to full pay and allowances nor shall it be less than the subsistence allowance.
