said issue, it is relevant to take note of FR
23, FR 53 and the O.M. dated 27.08.1958. FR 53 has been extracted ... Government servant on leave. Conjoint reading
of FR 9(12) with FR 53 indicates that 50% of the pay, with Dearness
Allowance, if admissible, will
present case, the aspect of
subsistence allowance is governed by FR 53 which
reads as under:
â F.R.53. (1) A Government servant under ... unable to accept the
contention of Shri Kanojiya that FR 53 cannot be
pressed into service in cases where suspension is on
account of pendency
petitioner during the period of suspension would be regulated under FR 53.
After expiry of a period of 1 year and 2 months ... civil offence was under
investigation, enquiry or trial. He contends that FR 53 was not adopted and the
Rules were silent about the payment
that the Government of India's decisions 3 (e) below
FR 53 shows that the subsistence allowance cannot be revised with
retrospective effect ... Government servant is dealt with in Chapter VIII of Fundamental
Rules. FR 53 which relevant for our purpose reads follows:-
"F.R.53
impugned order is not correct. As per the provision
of FR 53(1)(a), the petitioner is entitled for payment of subsistence
allowance, subject ... other employment, business,
profession or vocation as per the provisions of FR 53(2). However, the
petitioner failed to submit the non-employment certificate, which
subsistence allowance during the
period of suspension is made under FR - 53. It provides for payment of
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing ... denied subsistence allowance. For ready reference, the provisions of
FR 53(1) & (2) are reproduced hereunder:
"F.R. 53. Pay and allowances
FR 17 are the eventualities like leave, joining time allowed to the government servant on transfer, suspension etc. In case of dismissal or removal, FR ... date of dismissal or removal, and in case of suspension FR 53 provides that though he would not be discharging any duty but subject
fixed as above under sub rule (ii) of Rule
2043 (FR 53) R-II. That order reads as follows:
"In terms of Central Administrative ... adjusted accordingly in
terms of sub-rule (ii) of Rule 2043 (FR 53) R-II.
Sd/-(Illegible)
For Chief Personnel Officer
N F Railway
Telefonaktiebolaget Lm Ericsson ... vs Competition Commission Of India And ... on 30 March, 2016
Author: Vibhu
FR 17 are eventualities like leave, joining time allowed to Government servant on transfer, suspension etc. In case of dismissal or removal, FR 52 provides ... date of dismissal or removal, and in case of suspension, FR 53 provides that though he would not be discharging any duty but subject
