Section 38 in Life Insurance Corporation of India (Staff) Rules, 1960
38. Treatment of the Period of Suspension.
- When the suspension of an employee is held to be unjustified or not wholly justified; or when an employee who has been dismissed, removed or suspended is reinstated, the disciplinary, appellate, or reviewing authority, as the case may be whose decision shall be final, [under these [rules] [Notified in Gazette of India, Extraordinary, Part-II Section 3 Sub-Section (i) dated 13.12.1993.]] may grant to him for the period of his absence from duty -(a)if he is honourably acquitted, the full pay and allowances which he would have been entitled to if he had not been dismissed, removed or suspended, less the subsistence allowance;(b)if otherwise, such proportion of pay and allowance as the disciplinary, appellate or reviewing authority may prescribe.In a case falling under clause (a), the period of absence from duty will be treated as a period spent on duty. [In a case falling under clause(b), the period of absence shall not be treated as a period spent on duty, but the disciplinary, appellate or the reviewing authority may, at its discretion, grant leave for the period to the extent admissible to the employee under the rules; any period of absence which has not been treated as period spent on duty or on leave shall not count as service for any purpose under these [Rules] [Notified in Gazette of India, Part-III Section 4 dated 7.8.1971.] but will not constitute break in service.]No order passed under this [rule] [Substituted 'regulation' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).] shall have the effect of compelling any employee to refund the subsistence allowance payable under [rule] [Substituted 'regulation' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).] 37.
