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iii. Shri Babu Lal Yadav shall not be paid any back wages including subsistence allowance till the issuance of order of his reinstatement i.e. up to 25/06/2019 in light of the observation of Hon'ble CAT, Principal Bench vide order dated 13/03/2013 and decision on amount of any dues arising out of his reinstatement in service is dependent on the enquiry ordered vide letter No. C-18014/1/2012(Part.) dated 26/06/2019. However, Shri Babu Lal Yadav shall be paid subsistence allowance @ 50% of his pay last drawn for the first 3 months from the date of issue of this order i.e. w.e.f. 26/06/2019; and further @ 75% of his pay last drawn for the remaining period of deemed suspension subject to fulfillment of the laid down condition of furnishing a Non- employment certificate under FR 53."

5.6 So far as payment of subsistence allowance is concerned, Ministry of Finance etc. are also requested to bring the contents of FR 53 to the specific notice of all authorities under their control, with particular reference to the provisions in the aforesaid rule regarding the need for review of the rate of subsistence allowance after a continued suspension of more than 90 days, for strict compliance. [Deptt. of Personnel & A.R. O.M. No. 42014/7/83-Ests.(A) dated the 18th February, 1984].

8. As mentioned in the OM dated 6th October, 1976 referred to above, the Supreme Court have held that if a Government servant under suspension pleads his inability to attend the disciplinary proceedings on account of non- payment of subsistence allowance, the enquiry conducted against him, ex-parte, could be construed as denial of reasonable opportunity of defending himself. It may, therefore, once again be impressed upon all authorities concerned that after a Government servant is placed under suspension, prompt steps should be taken to ensure that immediate action is taken under FR 53, for payment of subsistence allowance and the Government servant concerned receives payment of subsistence allowance without delay and regularly subject to the fulfillment of the condition laid down in FR 53. In cases where recourse to ex-parte proceedings becomes necessary, if should be checked up and confirmed that the Government servant's inability to attend the enquiry is not because of non-payment of subsistence allowance. [Deptt. of Personnel & Training, OM No. 11012/17/85-Estt.(A) dated the 28th October, 1985.

(iii) in so far as non-grant of subsistence allowance upto 25.06.2019 is set aside. The respondent/ Competent Authority shall pass appropriate order(s) for grant of subsistence allowance for the period w.e.f. 14.03.2013 till 25.06.2019 as per FR Rule 10(4) read with FR 53 and FR 54 within two months from date of receipt of the certified copy of this order, failing which the respondent shall be liable to pay interest @ 6% from date of expiry of the period till the date of actual payment. It is also noticed that applicant had not participated in enquiry proceedings on 01.07.2020, 02.02.2021, 04.02.2021 and 22.09.2021 till date, therefore, it would be expedient and in the interest of justice that any amount paid as Subsistence Allowance w.e.f 01.07.2020 till the date he joins the departmental proceedings, shall not be paid to him. It is also made clear that any amount paid to the applicant w.e.f 01.07.2020 towards the Subsistence Allowance till date shall be adjusted against the arrears of subsistence allowance for the period w.e.f. 14.03.2013 till 25.06.2019 with interest @ 6% per annum as ordered herein above. Further, it is directed that the impugned Order Annexure -2 (Suspension Order), if not reviewed, be reviewed after expiry of ninety days period from today.