Section 177 in Bihar Board's Miscellaneous Rules, 1958
177. Allowance or salary to suspended or reinstated officer.
- Rules 96 and 97 of the Bihar Service Code,1952 regulate the grant of subsistence allowance or salary to an officer under, or reinstated after, suspension.When an officer is reinstated after suspension with forfeiture of any part of his allowance the authority who reinstates him should always declare at the time whether the period of suspension is to count towards pension (vide Article 417 of the Civil Service Regulations).[Rules 96 and 97 of the Bihar Service Code being given have for ready reference:-"Rule 96. - (1) A Government servant under suspension shall be entitled to the following payments, namely:-(a)Subsistence grant at an amount equal to the leave-salary which the Government servant would have drawn, if he had been on leave, on half average pay, or on half pay and in addition cost of living allowance based on such leave salary :Provided that where the period of suspension exceeds twelve months, the authority which made or is deemed to have made the order of suspension, shall be competent to vary the amount of subsistence grant for any period subsequent to the period of the first twelve months, as follows :-(i)the amount of subsistence grant may be increased by a suitable amount not exceeding 50 per cent of the subsistence grant admissible during the period of the first twelve months, if in the opinion of the said authority the period of suspension has been prolonged, for reasons to be recorded in writing, not directly attributable to the Government servant.(ii)the amount of subsistence grant may be reduced by a suitable amount, not exceeding 50 per cent of the subsistence grant admissible during the period of the first twelve months, if in the opinion of the said authority, the period of suspension has been prolonged, due to reasons to be recorded in writing directly attributable to the Government servant.(iii)the rate of cost of living allowance will be based on the increased or as the case may be, the decreased amount of subsistence grant admissible under sub-clauses (i) and (ii) above.(b)Any other compensatory allowance to which a Government servant may be entitled from time to time on the basis of pay, which he received on the date of suspension :Provided that the Government servant shall not be entitled to that compensatory allowance unless the said authority is satisfied that the Government servant continues to meet the expenditure for which they are granted.(2)No payment under sub-rule (i) shall be made unless the Government servant furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.(3)The Subsistence grant shall be subject to a minimum limit of Rs. 10 per month.Note 1. - It is obligatory under this rule that in sufficient time before the expiry of the first year of suspension, the competent authority should review each case in which the period of suspension is likely to exceed one year and even if the competent authority comes to the conclusion that the rate is not to be altered having regard to all the circumstances of the case, specific orders to that effect are to be passed placing on record the circumstances under which the decision had to be taken.Note 2. - When the subsistence grant is increased or decreased by an amount not exceeding 50 per cent of subsistence grant under proviso to rule 96(1)(a) the increase or decrease will be calculated on the amount of the subsistence grant initially fixed and will not be subject to any minimum or maximum limit of leave salary on half average pay or on half pay.Rule 97. - (1) When a Government servant who has been dismissed, removed or suspended is reinstated, the authority competent to order the reinstatement shall consider and make specific order:-(a)regarding the pay and allowance to be paid to the Government servant for the period of his absence from duty, and(b)whether or not the said period shall be treated as a period spent on duty.(2)Where the authority mentioned in sub-rule (1), is of opinion that the Government servant has been fully exonerated, or in the case of suspension that it was wholly unjustified, the Government servant be given full pay and allowance to which he would have been entitled, had he not been dismissed, removed or suspended as the case may be.(3)In other case, the Government servant shall be given such proportion of such pay and allowance as such competent authority may prescribe:Provided that the payment of allowances under clause (2) or clause (3) shall be subject to all other conditions under which such allowances are admissible.(4)In a case falling under clause (2) the period of absence from duty shall be treated as a period spent on duty for all purposes.(5)In a case falling under clause (3) the period of absence from duty shall be treated as a period spent on duty unless such competent authority specifically directs that it shall be so treated for any specified purpose :Provided that if the Government servant so desires such authority may direct that the period of absence from duty shall be converted into leave of any kind due and admissible to the Government servant.]
