across the board, have come to be known as Fundamental Rules (FR). FR 53 dealt with the payments, which are entitled to be received ... under suspension. Clause (a) of Sub-Rule (1) of FR 53 sets out that subsistence allowance at an amount equal to half
imposed on the basis of
disciplinary proceeding. Moreover, as per FR 53, a Government servant
under suspension shall be entitled to subsistence allowance ... such, he is not entitled to earn increments. As per FR 53, a Govt.
servant under suspension, or deemed to have been placed under
suspension
onwards.
2. The applicant was placed under suspension on 19.06.2007.
Though FR 53 provides for review of subsistence allowance on
completion of 90 days
service forthwith. It depicts total
non-application of mind.
12. FR 53 provides for payment to which a Government servant under
suspension is entitled ... FR 54-B as the case may be. FR 54-B(7)
provides that in a case falling under Sub-rule (5) of FR
suspension, shall be limited to the
subsistence allowance already paid under FR 53.
(7) In a case falling under sub-rule (5) the period
paid Subsistence
and Other Allowances in accordance with FR 53."
OA-1623/2017
5
9. It is admitted case of the parties now that
specific purpose will be taken in
accordance with FR 54 or FR 54-A, as the case may be
3.2. In such cases ... date he is deemed to have been placed under
suspension under FR 53.
Time calendared for implementing the above order is as under:-
(a) Three
paid fo him as per rules relating
to subsistence allowance under FR 53(2} of the FR & SR. The respondents
also highighted that ... business,
cation, without the prior permission of the
ory. Further, under FR 53 {2}, the payment
fawanee is sublact to jhe Goverment
| suspension furnishing
dated 05.06.2017 &
21.07.2017 (ANNEXURE-I & ANNEXURE-II) in terms of
FR-53-B as per law within 30 days.
(c) To direct respondent ... treated as spent on duty for all purposes in terms of FR-
53-B.
(d) To direct the respondents to grant full pay and
allowances
Case No.90/2015 in respect of FIR No.18/2015,
FR No.53/2015 Police Station, Deshnokh, District Bikaner.
2. The matter was pertaining
