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O.P. Gupta vs Union Of India & Ors on 3 September, 1987

"29. Exercise of right to suspend an employee may be justified on the facts of a particular case. Instances, however, are not rare where officers have been found to be afflicted by "suspension syndrome" and the employees have been found to be placed under suspension just for nothing. It is their irritability rather than the employee's trivial lapse which has often resulted in suspension. Suspension notwithstanding, non-payment of subsistence allowance is an inhuman act which has an unpropitious effect on the life of an employee. When the employee is placed under suspension, he is demobilized and the salary is also paid to him at a reduced rate under the nick-name of "subsistence allowance", so that the employee may sustain himself. This Court in O.P. Gupta v. Union of India, 1987 (4) SCC 328 : AIR 1987 SC 2257 made the following observations with regard to subsistence allowance (Para 15 of AIR) :
Supreme Court of India Cites 6 - Cited by 294 - A P Sen - Full Document

Khem Chand vs The Union Of India And Others on 13 December, 1957

'An order of a suspension of a Government servant does not put an end to his service under the Government. He continues to be a member of the service in spite of the order of suspension. The real effect of suspension as explained by this Court in Khem Chand v. Union of India, AIR 1958 SC 300 is that he continues to be a member of the Government service, but is not permitted to work and further during the period of suspension he is paid only some allowance-generally called subsistence allowance -- which is normally less than the salary instead of the pay and allowances he would have been entitled to if he had not been suspended. There is no doubt that an order of suspension, unless the departmental inquiry is concluded within a reasonable time, affects a Government servant injuriously. The very expression "subsistence allowance" has an undeniable penal significance. The dictionary meaning of the word "subsist" as given in Shorter Oxford English Dictionary Vol. II at page 2171 is "to remain alive as on food : to continue to exist". "Subsistence" means -- means of supporting life, especially a minimum livelihood'."
Supreme Court of India Cites 14 - Cited by 504 - Full Document
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