grant pay @ 95% in terms of Sub-rules (5), (8) of FR 54-B.
2. While the applicant working as Income Tax Officer in Mumbai ... suspension period. The applicant has drawn our attention of FR 54(b) Sub-rule 5 and Sub-rule 7 in this connection. The Sub-rules
Annexure
A-2) statirig that the Rule No.1344 (Vol-H) (FR 54 (a)} is not applicable to
the case of the Applicant, which ... ease of the Applicant is governed by provisions of
FR 54{a}(2) which Provides that where dismissal, remova! or
of the quantum Proposed
Government
servant.
8. A reading of the above provision contained in
FR.54-B reveals that the Competent Authority is not
bound to treat ... accordance with the
provisions contained in FR 54, 54-A and
9 O.A.581/2011
FR 54-B.
9. After careful consideration
2021
16. Para 1342 and 1344 (FR) 54 (A) are not applicable
here as the applicant was removed from service on grounds of
charges
subsistence allowance is
important.
16. In this regard, Rule 1344 (FR 54A) and
Rule 1345(5) of IREC are very clear. The same ... subject to the provisions of sub-rule (7) of rule 1343(FR 54),
be paid such amount (not being the whole
enhance the sy bsistence allowance
fram 50% to 75% in terms of FR. 53{1}(ii}fa}. tn response to the said
request ... Department
and, therefore, the impugned order passed in Violation of FR 53, FR54,
FR 54 A and FR 54 B of the Fuhdarnental Rules
appeal with a direction to the respondents to issue orders under FR 54 declaring that the period of suspension till the period of dismissal
General, being the appellate authority, exercises power conferred upon him under FR 54 (13) (7) and ordered the revocation of suspension of the applicant
Learned counsel for the applicant points out
that Rule 54-B (6) of FR comes into play only for
regularisation of period of suspension ... Tribunal.
5. Learned counsel for the respondents submits
that Rule 54-B(6) of FR states that the suspension
period can be regularised only after
author of this document
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Date: 2025.08.08 15:01:54+05'30'
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the adverse entries of 3 years ... than his junior (a) As a
result of application of FR 22-C. [Now FR 22 (I) (a) (1)]. In
order to remove the anomaly