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
legal. The petitioner is entitled to get subsistence allowance under FR
53. If the petitioner makes an application for payment of subsistence
allowance by furnishing ... fitness certificate as per FR 53(2), the claim of
the petitioner will be considered and prayed for dismissal of the Writ
Petition
records.
Order of suspension was not served on him. As per FR 53 (1) (ii) (a) (i), he is
eligible. Applicant cited the verdicts ... cannot be held responsible for prolonging the
suspension. In such circumstances FR 53 (1) ii (a) (i), extracted hereunder
comes into play
respondents.
3.0 The applicant pleads that in terms of Rule FR 53 (1) (ii), the
Government Servants who has been put under suspension, is required ... representations. Hence he has
preferred the instant OA. Relevant Rules of FR 53 (1) (ii) reads as under:-
"(ii) in the case
respondents in not reviewing
the subsistence allowance in accordance with FR 53.
2. Precisely the case of the applicant is that the applicant is
under ... enhanced rated of subsistence allowance upto 90% as per
proviso to FR 53.
5. At this stage the counsel for the applicant submits that
authorities in exercise of it's powers under FR 53(B) and the opinion of
the authorities cannot be found fault with. However taking
authorities in exercise of it's powers under FR 53(B) and the opinion of
the authorities cannot be found fault with. However taking
applicable in the case of the
petitioner. However, FR 53 is applicable in the case of the
petitioner for which necessary action was taken ... Thus,
as far as the relief claimed by the petitioner for applying FR
54 is concerned, no case is made out. As it is already
under
suspension is entitled to receive subsistence allowance as per the FR 53, the authority shall
release the subsistence allowance accordingly.
Accordingly, this writ petition
resided elsewhere.
4. Further, it is stated that as per Rule 53(2) of the
Fundamental Rules, subsistence allowance shall be granted ... produced
every month for drawal of subsistence grant. Further, as per FR
53(3), if the suspended employee is not residing in the place where
