date and on the basis of the Fundamental Rule, Chapter
VIII, FR. 53 (1) (a) (hereinafter "FR 53") an overpayment amounting ... also submitted that the audit memo refers to FR 53 (1) (a),
which specifically deals with the subsistence allowances to be paid to the
government
without providing the petitioner enhanced rate of subsistence
allowance as per FR 53 and further declare that the petitioner is entitled ... Rules and FR 53 by preparing due
drawn statement forthwith.
iii) Issue Rule upon the respondents to show cause as to why a writ
dated 06.05.2016
stating the same and that the prescribed format under FR
53 was for employees who were put under suspension ... information sought. Furthermore, the
Additional Solicitor General also clarified that FR 53 (under
which affidavit is being sought) relates to an employee
placed under suspension
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
grant enhancement of the
subsistence allowance as the Proviso to FR 53 provides for
increase as well as decrease in subsistence allowance by a
suitable ... competent authority for fresh decision on
subsistence allowance under FR 53."
3. The respondent was placed under suspension on account of his
conviction
enhancement in
Subsistence Allowance from 50% to 75% in terms of FR
53(1)(ii)(a}(i) as no delay is attributed on the part ... bsistence allowance
fram 50% to 75% in terms of FR. 53{1}(ii}fa}. tn response to the said
request, he is in. receipt
Division in
terms with provisions of FR-53(1)(ii) read with GID 3(c) below rule FR-
53 and it was ordered that there ... found justified.
5. Heard both the parties.
6.1 A perusal of FR 53 reveals the following position in regard to
payment of subsistence allowance during
illegal and
have to set aside.
7, In terms of FR 53, according to the applicant, the amount of
subsistence allowance has to be reviewed ... respondents. If the Subsistence
Allowance i is not paid as per FR 53, the respondents will take steps
to pay the Subsistence Allowance
suspension, shall be limited to the
subsistence allowance already paid under FR.53].
(6) where suspension is revoked pending finalization of the
disciplinary
suspension beyond six months is required to be reviewed under FR 53
of the A.P. Fundamental Rules which was not done in his case
