FRSR Page 108 To 173
FRSR Page 108 To 173
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 133
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                                                                                                                                                       in UPSC     fixed
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 [                  Committees, intermittentworkandpayment        alia23-12-1985 lectures16013//79-Estt.          of       dated                                   the         of
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           ANNEXURE
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                                                                                                                                              ***
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                             1.         2. 3. 4.           5. 6. 7.             8.   9.     10. 11. 12. 13.     14. 15. 16. 17. 18. 19. 20. 21. 22. 23.24. 25.
        )132
         |
                                          to 500of more         a a
                                                            half-day                                           to 1960.]                                               entitled
           135
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                                                                                 will            No. ceiling                            thepayable.
               Authority.                No.     :follows
                                            Master                                                       get
            in                                                                   honorarium       working 1202
                                                                                                  are                      to
                                                       Existing
                                                       Payment                        O.M.
            Departments              Training
                                Conducting
                                         Order                                           a  the          to       Inquiry refer
                              to (TDP)         conductingStructure                       be           andentitled    inquiries honorarium
                                            the as                 5,0005,0005,000
                                                                3,000                       for
                                                                                      Department's           No.
                 other                                                                   would                             to
               Competent      Honorarium/Feeto revised Rs.
                                         Department's                                       lower, therein        Honorarium
                                                                                                                  to       O.M.
                                         and                                                                                                  directed
                                             made
                                      Programme                                           of                               departmental
            /
                  the    No.       foI Personnelforis                                       there who be Trg.,                Departments
                                                                                                                              -reg.
            Ministries                                                                    rate is           shall
                                                                                                            institution
                                                                                                            not                      of
                  in
               thechange
                         M.
                                   Trainers         (TDP)
                                               payment                                         whichever
                                                                                                     RTs Allowance
                         O                                                        revised   2009,
                                                                                         this     TDP                             is rates
               of above. Trg..                   (RTS)                                                          &                 undersigned
                                            this                                                     /          Per.
               approval                  of
                                      Development
                                                    Programme             weeksweeks                 MTs
                                                                                         in March,under
                            2014.]
                                of       Department
                                            of the      of
                                                        Duration     weeks
                                                                  week                                                  Grant
                                                                                                                        of           the
            respective
                  no &&            Recognized                                             mandated              of
                     referred                    Trainers
                         Per. Payiment supersession
                                                           Course                  aforesaid         theTraining
                                                                                               year, Further,   Dept.
                                                                                                                           the
                                                                                                                                     that
                  be                           26-11-1999,                                        courses
                                                                          3   4      OM.
                  will
               with      of September                             l   2
                                                                  to to to to               3rda                           in
                         Dept.
                      0.M.
            by andThere
                                                    Development   up up up up        this      in           own
                                                                                                            their  July,
                                                                                                                   2012.]
                                                                                                                [GI.,
                                                                                                                            No.
                                                                                                                            14
                                                                                                                                  Thesay
                                                 Becognized       For For For For The As thesessions     drawing GIO                 to
            decided DoP&T'
                         rGL.s                                                                    conduct
                                      13
                                      No.                                             of    dated                                    and
       FRSR-!  [FD4.         23rd GIO       In
                                               dated     S.NO.                        date
               ir            the                                       2. 3. 4.
            he                                                             1
                                                                                 theExperts/
                                                                                      Training
                                                                               13024/2/  reproduced                       thehonorarium
                                                                                                                               A              considered
                                                                                                                                           from can
Fundamental session(Rupees
  RulesCentral          guest
                           amount   Training
                                 which
                              paid.            to year, 3rd
                                           anGovernment                                                           duly Sixth
                                                                                                               reasons
                                                                                                               (with
                                                                                                               session
                                                 for faculty the                     to                                          by
                                                                                                                                        Group       speakers
                                                            a dated                 honorarium                               the              DoP&T
                             as bepayment,provide in                                                                    CTI) followed
                                                                                                                     payment,
               per 1,000invitedanmay the                                                /                                               for
        other                                             sessions                         Central Existing
                                                                                No. Officers         rates                   of                  was
             hundred)          to                      guest                                   are                      of recommendations
                                                                                                                                     of              guest
         Services;                      of          to           I,                                                                     CTIs  in
                               upsession
                                       Head which                               O.M.
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                                                                                                                        Head                     matter
                                                                                                                                     grant received
       all           Rs. are
                             honorarium
                                    such          honorarium
                                                      in-service       orders       of
                                                                                               same      session                  pattern
                                                                                                                                        all           for
      to            of paid.                              60                           Non-Serving
                                                                                           the                       such
                                                                                                                        the                       honorariu
                           persons the                                         DoPT's
                                                                                    rates                        per
                                                                                                                 4,000
                                                                                                                 Rs.                 of to         The
         A' five honorariumperjustify B,
    applicable                                           or
                                                                                           to The        per
                                                                                                             per        by
                                                                                                                                     purpose
                      be              by
                               thousand)
                                              46         days         further                                        justifying
                                                                                                             1,000 recorded       the    applicable
                                                                                                                                                honorarium
        Group
           (Rupees
               :                              F.R
                                                                                    whereinmentioned.500
                                                                                          faculty
                                                                                                                                               been
                          resource   writing                                   to
              officersmay or                     forfor30                                                                     the accordingly
                            fees
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                                                                No.
                                                                      Facultyrefer /                     Rs. Rs.
                                                                                                                                      the      have /
   madefor                              and 5,000   amended
                                                        to                            Officers
           500 ansessionfour                                                       2009                                       on                       fees
                                     in
                                 reasons
                           remuneration                 up O.M.               to          guest                  resource
                                                                                                                  persons
                                                                                                                              basedformade references
    Establishments
            serving     eminent
                 officers,             Academy;
                                    recordedinstructions
   be Rs.                                       Rs.
                                                        of           Guest directed
                                                                                  March,
                                                                                      Serving
                                                                                              been                                    Mussoorie /feesthe
                             (Rupees                   ceiling
                                                         whichever
                                                          is
                                                          lower.
  will of           per                            stands
                                                               Tig.,                      as                                  were and was              that
                                 are           of                                            have    Category
            tonon-serving
       honorarium                                                    for                 coming                                                     of
                                                                                                                                          Faculty revision
 faculty paid thousand)
                        /
                      expertsthere duly
                                      or ceilinga & Honorarium               is 3rdto                        Non-Serving
                                                                                                             Officers              Commission           clarifie
                             4,000                            Per.                                                             rates
                          the              present    for
                                                 employees,                 undersigned      (CTIs)              Experts/Eminent       LBSNAA,  of
                                   beInstitution                                  thepayable            Serving
                                                                                                        officers                                number
   Trainingbe                                                 of
                         faculty,
                               if                    provide                             persons                               above      Guest
                      WhenRs. should annual Dept.                                dated
guest
           mayFor              only       The                                               Establishments                                           forhereby
      An         one
                            of                                 March,
                                                                2009.]               faculty                                                         CTIs
                                                                                 I,                                             ThePayand
                                                             [GI.,                                                                        to     A
     (ii) (iii) (iv)                     (V)                           12 The
                                                                      No.       2008-Trg.
                                                                                                                                          payable
                                                                    GIO                 Eminent below:                          2. Central
                                                                                                                                       DoP&T          various
                                                                                                                                              Services.  is
                                                                                     Guest          S.No.                                         3       it
                                                                                                      1.                                              and
                                                                                                                3
                                           committee
                             Presentingas Departmental
                                                 their
                                                 under
                                              officials/                                       will                                                       signed
                     additional
                       (both                                                    long
                                                                                  O.M.                                          his                          to
 1143
  [                                    allowances service
                                                       rules                   they                   and
                                                                                           Officer/Presenting                               of
                                                                                                       Officersthe                                 responsibility
                                                                                                                                                             over
                           Officer                                of               or
                                                                           of existence,
                                                                                        so this                    Ministries/Departments
                                                                                                                       in     as administrative
                                                                                                                                     of the
                                                                                                                              appointed                   ink
                                                                                        provisions
                                                                                    Fully                      under involved         I0/PO                  handed
                                                              therespecta set              in   serving
                                                                                                                                               Inquiry
                        an                                                                 proposed Inquiry                              complete         (twO
                            Inquiry  the               andto by servicesof separate instructions.              regulated
                        proceedings,                           undertaken
                                                           applicable   cadre                                                         the                 report
                                                                                                                                                             is
                                 officer.              honorarium in            in              of                      work  are              thethe        arranged
                                     to                           Departments   PO       own
                                                                                                        as
                                                                                                caseInquiry                           relieve
                            to payable drawn.                                               been                                                    be
                  drawn. payable                                     of a ahave /                       appointed             officers
                                                                                                                                   the to by
                                 charged                                                 their                  be                                  will inguiry
                                                 pay                 cadres
                                                                         case   IO          has the             normallyof                     received
                                                                                                                                         him/her
                   pay disciplinary
                                                           madeproceedingsbodies to of               time               quantumor to                it        andof
                                                                                                                                                                 Discip
                                                                                                                                                                 Author
                                                 basicof                                 retain                                serving
                   basic be honorarium                                   in honorarium
                                                                                     set what    in                the             department
                                                                                                                                      efforts       retired, documen
                                 additional monthly     rates
                                                            be     /
                                                                   Ministries
                                                                     different       own         Honorarium
                                                                                                     par
                                                                                                           :
                                                                                                           conditions
                                                                                                        servants                                           and
                             will                                           autonomous
                                                                         However,
                   monthiy                                                               maythan                willto                          is
                                                                                                                               whereall enablepayment
                                                            to                                                             cases.
                                                                                                                           disciplinary
                             5000                       ot intended                  their           as             delegated
                                                                                                                         the                               records
                         common                  the structure  inquiry                              appointed
                                                                                            beneficial
                                                                                          bodies                honorarium                          of
                                                                                                                                            expeditiously.
                                                                                                         Government                                 serving
                    the
                             Rs.every             of               by            regulating                following     account       make
                    t                        upees)LO%                under
                                                                          control.
                                                                                      with                                          controlling
                                                                                                                               case to
           (i)upees) ofhonorarium
          Officers
          Serving             ofamount
                                 for
                                      of                            Harassment,
                                                                including    as
                                                                                                  of
                                                                                          autonomous                                             the       caseproperly
                    l                 rates to revised      are                       continuegrant                  powers the should               whether
                                                                                                                                          dutiesBefore
                     to of
                     edual
                                  serving)    (in equal               servingsuch            more are
               (in       case                                                                                            into                              Al
                case                          case
                                                   amount
                                                             above                for
                                                                          administrative
                                                                              organizations           who    theThe             In                      that:
                                      The
                                                         The Droceedings instructions
                     amount                                                                  notThe retired                                                (a)
                per       In and               per                                                           to (1)             (ii)             7. Oticer,
                                                                    Sexual
                                                             iodicated                to are servants
       FRSR-!    Rate iiü)
                      An       retired         Rate
                                       b) :officer  An
                                                         G
                                                                       officers choose    funded6.
                                                                                                             subject                                    ensure
                                                                                     they        and
                                                             on
               which has been enquired into should         specifically dealCharge                    14. Any issue
                address each of the procedural objections, if any,                                       Disciplinary  Authority   will be decided by the Secretary, DoPT
                charged officers as per the extant   rules   and raised by the
                                                                               and              and the
                                                                                                 whose decision shall be final and binding on both parties.
                 procedures for conducting departmental                                              16 All the Ministries/Departments are requested to bring these
                followed in accordance with the relevant inquiries
                                                          rules,/     have
                                                                           been                 instructionsto the notice of all concerned under their control.
                disciplinary and appeal Rules to which
                Government officials are governed.
                                                                      /instructdeliinoquent
                                                                      the             ns   of         INo. DoPT-1668597747466 dated 16/11/20221
                                                                                                    GIO       Procedure for empanelment of retired officers as the Inquiry
           8. Terms and conditions for appointment of Inquiry                                                 Oficers for conducting Departmental Inquiries
     designated Inquiry Officer shall be required to give an                Officer: The          No. 15
    follows :
          () that he/she is not a witness or a
                                                                       undertaking as                 It is directed to state that the issue of utilizing the services of retired
                                                                                                officers for conducting departmental inquiries had been under
              be inguired into or a close relativecomplainant       in
                                                                    the matter to
                                                      or a known friend of the                  consideration of the Department. It has now been decided that panels of
              delinguent
              be obtainedGovernment     officer. A certificate to this effect will
                           from the Inquiry Officer                                             retired officers from the Ministries/Departments under Government of
              inquiry and placed on record;              with respect to every                  Indiaand PSUs would be created and maintained by the respective Cadre
          (i) shall maintain strict                                                             Controlling Authorities for conducting Departmental Inquiries against the
              he/she receives or secrecy in relation to the documents                           delinquent officials.
              connection with the   information/data   collected by him/her in                        2. Procedure for empanelment of retired officers as the Inquiry
              purpose of inquiry ininquiry   and utilize the same only
                                      the case entrusted to               for the               Officers : Panels of retired officers not below the rank of Deputy Secretary
         9. No   such                                                   him/her.                in Central Government and equivalent officer in the State
   the records,
                       documents/information
   anyone during the Inquiry or after                  or data shall be
                                             presentation    of the Inquirydivulged to          Governments/PSUs to be appointed as the Inquiry Officer for the purpose
   returned to thereports  etc. available with                               Report. All                                                                         maintained
                                                   the Inquiry Officer                          of conducting departmental inquiries would be
                     authority  which   appointed                         shall be duly         level/rank-wise and place-specific by each cadre       controlling authority
   presentation  of  the Inquiry Report.
         10. The Inquiry
                                                      him/her such, at the time of
                                                                 as
                                                                                                 where its offices are located.
  location                   Officer shall conduct the
  where thetaking     into account
                misconduct             the
                                             availability ofinguiry
                                                                  proceedings       at a               3. Validity of the panel : The panel of the retired officers created
                   etc. Video occurred as well as therecords,                                    for the purpose of appointing Inquiry Officers for conducting departmental
  witnesses/PO
  extent possible to            Conferencing     should be utilized   station/place
                                                                   convenience  of the           inquiry will be valid for a period of three years. The respective Cadre
  cadre. controlling      minimize   travel undertaken                to the
                                                                             maximum             Controlling Authority will ensure that a panel of retired Inguiry Officers is
 Video Conferencing.authorities will facilitate              by the
                                                                       IO/PO/CO.   The
        11. The Inquiry                              necessary
                                                             arrangements       for the
                                                                                                 available with them.
                                                                                                                                                                          willing
 (in                        Officer shall undertake                                                     4. Following are the eligibility conditions for appointment of
 be  unavoidable circumstances)
    nominated     by the                with the travelofforan conducting                         retired officers as the Inguiry Officers to conduct  departmental  inquiries  :
        12. The            concerned               approval authority asinquiry                                                                    serve as Inquiry Officer.
 completing
 appointment
               the Inquiry
                as     inquiry OfficerMinistry/Department.
                                 within
be granted only the Inquiry Officer.
                                         shall
                                           180   submit    the
                                                  day from the
                                                                                  may
                                                                 inquiry report after
                                                                                                         (i) Retired officers who  are  willing to
                                                                                                          (ii) He/she should not have been penalized in a Disciplinary
                                                                                                                                                prosecution in criminal
                                                                                                              Proceeding case (no penalty in DP or
                    by the                  Extension   of time date of his/her
       13. Letter
will only be
                            Authority may
                    regarding
                                         as       be
                                                 prescribed.      beyond 180 days can                         case).
                                                                                                                                               Authority will immediately take
              issued     with theengaging    a
                                               retired
                                   approval of the officer as the Inquiry Officer                       5. The respective Cadre Controlling        willing and eligible retired
ministry/Department/Ofice concerned.               Disciplinary       Authority of the
                                                                                                  necessary action for inviting applications  from
                                                                                                                                                for conducting departmental
                                                                                                  officers to serve as the Inquiry Officer applications is annexed.
                                                                                                  inquiry. Inthis regard, a format for
                                                                                                                                       inviting
                                                           Fundamental Rules               FRSR
  [146 ]                                                                                                                                                       147 1
                                      consisting of Joint            Secretary level
               three-member committee          Ministry/                                   cadre controlling authorities will facilitate
         6.   A
                           of the
                                   concerned              Departments/PSUs                 Video Conferencing.                           necessary arrangements for the
  officers including CVO        respective cadre controlling          authority.
                                                                        The
                           the                                                                     11. The Inquiry Officer shall
   would be constituted br         same       Ministry/Department or             from                                          undertake travel for conducting inquiry
                   can be from the                                                         (in unavoidable circumstances) with
  othet wo memhers                 After
                                  office.         receipt  of willingness of th                                                   the approval of an authority as may
  the attached or
                     subord1nate                                      committee so         he nominated by the concerned
  retired officers, names of the
                                 officers will be screened by the
                                                                       and ongoino
                                                                                                                            Ministry/Department.
                                                                                                 12. The Inquiry Officer shall submit the
                                    panel will be a continuous                                                                                    inquiry
   constituted. The formation of
                                       the appointment       of  the   I0  based           completing the inquiry within 180 days from the date report             after
                                                                                                                                                             of his/her
   process. The DA will decide on               sector   and  status   of  residen  ce      appointment as the Inquiry Officer. Extension of time beyond 180 days can
  willingness for a case, experience in the                 officers  as the Inguin:
  Committee constituted for    making   panels  of retired                                  be granted only by the authority as may be prescribed.
                                                                 officers willing to
  Officer has to keep in mind that applications of retired                                        13. The rates of honorarium and other allowances payable to
                                                                                                                                                                      the
  serve as an Inguin Offcer should      be  scrutinized   carefully  to ensure that         Inquiry Officer will be as under :
  the applicant meets the eligibility criteria.                                                 Items       Category        Time taken to            Rate per case
       7. The number of disciplinary cases assigned to an Inquiry Officer                                               compiete the inquiry           (in rupees)
  mav be restricted to8 cases in a year, with not more than 4 cases at a time.                                               proceedings
       8. Terms and conditions for appointment of retired officers as the                    Honorarium                 Where the number of 90% of monthly basic
 Inquiry Officer.                                                                                                       witnesses cited in the pension drawn
                                                                                                                        charge-sheet is more than
       The designated Inquiry Officer shall require to give an undertaking                                                10
 as foliows                                                                                                                Where the number of 70% of monthly basic
         (i) that he/she is not a witness or a                                                                             witnesses cited in the pension drawn
                                               complainant in the matter to                                               |charge-sheet are between
             be inquired into or a close relative or a known
                                                               friend of the                                               6-10.
              delinquent Government officer. A certificate to this effect will                                             Where the number of 60% of monthly basic
              be  obtained from the Inquiry Officer with respect to
                                                                        every                                              witnesses cited in the pension drawn.
              inquiry and placed on record;                                                                               |charge-sheet      is    less
        (ii) shall maintain strict                                                                                         Ithan 6.
                                     secrecy in relation to the documents
             he/she receives or                                                               Transport                     Rs. 40,000/- per case
             connection with the information/data
                                   inquiry and
                                                      collected by him/her in                 Allowance                     Subject to the condition that the for outstation
             purpose of inquiry in the case utilize the tosame only for the                                                 journey, the actual expenses for air travel/railways
       9. No such                                entrusted him/her.                                                         journey will be reimbursed in addition at per their
                      documents/information
anvone during the Inquiry or after
the records, reports etc.,
                                                or data shall be
                                       presentation  of the Inquiry
                                                                    divulged to                                             entitled class at the time of their retirement (further
                                                                                                                            subject to the approval of the competent authority
                            available with the Inquiry Officer shall Report. All                                            and in compliance of the instructions issued by
returned tothe authority which                                          be duly
presentation of the Inquiry Report.appointed him/her as such, at the time of                                                DoPT/DoE from time to time for air travel regarding
                                                                                                                            booking of air tickets through authorized agencies
       10. The Inquiry Officer shall                                                                                         and cheapest available far).
location taking into account the conduct the ofinquiry
                                                               records,proceedings             Secretarial                  Where the number of                 Rs. 40,000
 where the misconduct occurred asavailability                                at a                                           witnesses     cited in the
                                            well as the
 witnesses/PO, etc. Video Conferencing should be utilized
extent possible to minimize      travel undertaken
                                                                          station/place
                                                                 convenience
                                                                to the
                                                                          of the
                                                                                               Assistance
                                                                                                                            charge-sheet
                                                                                                                            than 10
                                                                                                                                             is   more
                                                          by     the
                                                                     I0/PO/CmaxiO,mTheum
                                                                                               1      Amended vide DoPT No. 1668597747466 dated 16/12/2022.
 [ 150 ]
                                                                                                                                                                                [ 151 ]
  1. In
          Difference between Fee and
                     Honorarium
         terms of FR.9(7) -
                                                    Honorarium:
                                                                       Fees
                                                                           Eundamental Ru                     FRSR
                                                                                                                     ER. 48. Any Government servant is
                                                                                                                                                       eligible to receive
                                                                                                                                   provided by a general
                                                                                                                                                         or special
                                                                                                                                                                           and,
                                                                                                                                                                    order of the
      recurring             Honorariun means a In terms of FR.9(6-A)
                        non-recurring                                                                         except as otherwise without specialpermission:
       granted to a Government servant from paymentrecurring or                   Pee mneans                  President, to retain                          or plan in public
      Consolidated Fund of India or the         theGovernment     non-recurri ng                                            premium   awarded for any essay
                                                                                 a payment to
                                                    than the
                                                                  servant  from                                    (a)  the
        Consolidated Fund of a State or                       Consolidated           source                             competitions;                    of a criminal, or
                                                                                                                                                                           for
        Consolidated Fund of a Union TerritorytheConsolidated      Fund ofFunda of India, or thterhe                                   offered for the arrest             with the
       remuneration for special work             as
                                                     Consolidated  Fund   of        State   or                       (b) any reward or special service in connection
      occasional or intermittent character.
                                             of an
                                                     whether made directly toa theUnion                                   information
                                                    servant                               Territory                        administration of justice;
                                                                                                                                                                  provisions of any
  2.The      maximum amount
       payable toany
                                     of
                                                   intermediary of iGovernment.
                                        honorarium|The   maximum
                                                                    ndirectly through         Governmenthte          (c) any rewar£ in
                                                                                                                                           accordance with the thereunder;
                                                                                                                           Act or Regulation or
                                                                                                                                                   rules framed
                                                                                                                                                                    connection with
                         Government servant                          amount of                                                                      for services in
       not exceed ?
      Head of Dept. is
                       empowered
                                               should|Government
                                                           5000 in
                                                                             Fees
                    5000 per annum, but the limited to servant can retain in hat a
                                                                                    full is
                                                                                                                                reward  sanctioned
                                                                                                                      (d) any administration of the customs and excise laws; and
      only up to 2500 in a year.
                                 to                                a
                                    sanction fees exceeds these limits, one-third financial
                                                                               year.otE
                                                                                     If the                                 the
                                                                                                                                                  a Government
                                                                                                                                                                  servant for duties
                                                        fees, which is in excess of ?                                  (e) any fees payable to to perform in his official capacity
                                                        remitted to Government.       5000 shall be                         which he is required                                  of
 3.
      Honorarium will be sanctioned as special|A                                                                                                       local law or by order
      remuneration for work performed which is Government servant                  may be permitted e                        under any special or
      occasionalor                             this can be done         without detriment to his                           Goverment.
                      intermittent
      either so laborious
                                    in character and official
                                                               duties and responsibilities.
                            or of such                                                           to                              GOVERNMENT OF INDIA'S ORDERS
      as to justify a special reward. special merit perform a specified service
                                                     services for a private person ororbody
                                                                                         series of
                                                         a
                                                          public body                        or for               GIO        General Instructions on Clause (e)
                                                     administering a local including
                                                                                         a body
                                                                            fund and to receive a                 No. 1
                                                     remuneration therefore, if the service be                                                          servant under FR 48 (e) can be
                                                  material, a non-recurring or recurring fee.                         A fee payable to a Government
 4. Shall not       be                                                                                          retained by    him   without    special  permission. In other words,
                       sanctioned unless
      sanctioning authority record in writing theNo   government servant may
                                              the work for another Government orundertake                       Supplementary Rule   12  does  not apply  to such remmuneration. It is not,
                                                                                                                                                                                        his
      reasons which    in his opinion justify theor                                  a
                                                                                     private
                                                    public body or a private person, or                          however, considered  desirable that a Govermment servant who, in
                                                                                                                                                                   or a Member of a
                                                                                                                 official capacity, is nominated as a Chairman
      grant of the extra remuneration.
                                                 accept a fee therefore without the sanction
                                                        of the                                                                      quasi-Government   body or  governing  body of an
                                                                 Competent Authority, who certifies              Government, a
                                                                                                                                                                                    from
                                                        that the work can be undertaken by the                   institution which receives a grant from Government, should receive
                                                                                                                                                                           admissible to
                                                        Government servant, in writing.                           such bodies any fee or other remuneration which is
    ER. 46-A. The President may make rules prescribing the                                                        non-Government servants for attending a meeting of the institution
conditions and limits subiect to which a fee may be received by a                                                 concerned or for performing other work thereof. The fees, if any, payable
Medical         Officer       in                                                                                  by the institutions concerned will be recovered and credited to the
                                     civil employ for services other than                                         revenues of the Ministry / Department concerned unless the Government
professional attendance.                                                                                          servant has been specifically permitted to accept directly such fees under
     ER. 47. Subject to the provisions of the rules made by the                                                   FR 46 and Supplementary Rules 1l and 12.
President under Rule 46-A, the Central Government may make                                                             2. Fees in respect of Government servants attending meeting or for
rules prescribing the conditions and limits subject to which                                                      doing other work in connection with the affairs of Statutory
authorities subordinate to it may sanction the grant or                                                              Organizations,Corporate Bodies, Industrial and Commercial Undertaking:
acceptance of honoraria, and the acceptance of fees other than                                                       (not departmentally run) will be recoverable only, if these are not wholly
                                                                                                                     owned by the Central Government but in which Central Governmen
the acceptance of fees by Medical officers in civil employ for                                                       funds are invested or which are financed partly by such funds. Th
professional attendance.                                                                                             question whether fees should in similar circumstances be recovered fror
       [For rules framed under this ule, See Supplementary Rules 9-10.]                                              semi-Government / non-Government institutions receiving grants fror
                                                                                                                                                                                   I 155
                                                                                                  FRSR
 Chapter                     VI                                                                             necessary that the   Government
                                                                                                                                               case, it is considered
                                                                                                            Provided that if in any particular servant should hold
                                                                                                                                                   period exceeding
                                                                                                                       of another post or posts for a
                  Combination of Appointments
        ER, 49. The
                                                                                                            charge
                                                                                                            3 months, the
                                                                                                             Personnel
                                                                                                                          concurrence of the '[Department of
                                                                                                                      and Training] shall be
                                                                                                          payment of the additional pay
                                                                                                                                             obtained for the
                                                                                                                                        beyond the period of 3
 servant already Central
                   holding Government    may appoint a                                                       months;
capacity to officiate, as a
                             a post in a
                                          substantive orGovernmons                                                          is formally appointed to hold
                                                                                                     (iv) where an officer of
                                                                                                                                                              full
        allowed      on                            either in
                by the which he may India or in connect
                                                                                                deemedto have been placed under suspension by an order of the
deputation the
remained on dutysame    President to temporarily be ion
                          pay            draw
                     in India: which he would during    theplaced,
                                                            period
                                                                    he
                                                                     of
                                                                                               appointing authority shall be entitled to the following payments,
                                                                                               namely:
                                                 have drawn   had                                  (i) in the case of a Commissioned Officer of the Indian
      Provided that a                                               he                                  Medical Department or a Warrant Officer in Civil
deputation   while already
may be required     by the
                           Government   servant,
                              on leave out        who is
                                            of India on placed on
                                                                                                       employ who is liable to revert to Military duty, the pay
                                                                                                       and allowances to which he would have been entitled
 which case he              President to continue to beaverage
 leave salary, anshall be given during that               on leave,pay,in                               hadhe been suspended while in military
                                                                                                                                                 employment;
 would have drawnhonorarium       of        period,  in
                                                of the addition to his                              (ii) in the case of any other Government servant :
                                     one-sixth
                       had he remained   on             pay which he                                      (a) a subsistence allowance at an   amount equal to the
                                            duty
 passages from and to India shall be borne by in India; the cost of                                         leave salary which the Government servant would
        Note The portion of the pay
                 :                                                 him.                                     have drawn, if he had been on leave on half
  to draw in  foreign                    which a Government servant may be
  accordance with orderscurrency  while on deputation
                          issued by the President in this abroad
                                                                                  permitted
                                                                   will be determined     in
                                                                                                            average pay or on half-pay and in addition,
                                                                                                            dearness allowance, if admissible on the basis of
         (2) A Government                                 regard from   time to time.                       such leave salary :
  granted acompensatory allowance     servant on deputation may also be
                                                                                                            Provided that where the period of suspension
  amount as the President may think fit.in a foreign country of such                                         exceeds three months, the authority which made
         (3) The foreign exchange equivalent of the pay, honorarium                                           or is deemed to have made the order of
   Or Compensatory Allowance admissible under sub-rule                                                       shall be competent to vary the amount      suspension
                                                                                    (1) or
   sub-rule (2) shall be calculated at such rate of exchange as the                                          subsistence allowance for any period subsequentof
   President may by order prescribe.                                                                         to the period of the first three
                                                                                                                                              months as follows :
                                                                                                              (i) the amount of
           ER. 51-A. When a Government servant is with proper                                                                       subsistence allowance may be
   sanction deputed for duty out of India to hold a regularly                                                       increased by a suitable amount,  not exceeding
                                                      than a                                                        50 per cent of the
   constituted permanent or quasi-permanent post, other                                                                                     subsistence  allowance
   post borne on the cadre of the service to which he belongs, his                                                  admissible during the period of the first
                                                            Government.
   pay shall be regulated by the orders of the Central refer to DoPT
                                                                                                                    months, if, in the opinion of the three    said
        For updated orders on Deputation/Foreign Service please                                                     authority, the period of suspension has been
   Information Document at the end of
                                      book.                                                                         prolonged for reasons to be recorded in
                                                                                                                    writing, not directly attributable to the
                                                 (160 )
                                                                                                                 Government servant;
                                                                                                                             (161 )
[162 1
                                                                                                                                                                       [ 163 ]
                   (iü) the
                          50 per by a subsistence Fundamental RuleN
                             amount of
                         reduced                                                            FRSR-!
                                                                                                                    of
                                                                                                                         of
                                                                                            logicalconclusion, individual is due to be discharged from otherwise
                                                                                                                       the sanction of the
                                                                                                                                               post held by him, or question
                       above.
            (b)    Any other                   sub-clauses and (i)                          account   of the expiry
                                                                                            becomes liable to be retrenched
                                                                                                                                when he is under
                                                                                                                          discharged,    or  whether
                                                                                                                                                     suspension, the
                                                                                                                                                        to enable disciplinary
                                                                                                                                                                   to provide a
                   from time tocompensat   orybasisallowances
                                 tiime on the
                                                                                            whether he should be so
                                                                                                                 continued,   special steps should be taken  case, and his post
                                                           of pay of admissible             proceedings    being
                                                                                                                      examined on the merits of each
                   Government
                   suspension  servant was in receipt on the date of  which the              post for him should be                    In these   circumstances,
                                                                                             extended for an appropriate period.however, be filled.
                                                                                                                                                                    the vacancy
                               subject
                   conditions laid downto forthe thefulfilment  of other
                                                         drawal of such
                                                                                             caused by the extension should
                                                                                                                                not,
                                                                                                                               to dismiss or remove the officer
                                                                                                                                                                      concerned
       (2) No
                   allowances.                                                                     The  authority  competent
                                                                                             from service, may, in such circumstances,
                                                                                                                                             issue orders   extending    the post
                  payment
                      under                                                                                                           administrative     authorities   ordinarily
Government
in any other
             servant furnishessub-rule (1) shall be
                                a certificate that hemade  unless the
                                                      is not engaged
                                                                                             without reference to the higher
                                                                                             competent to sanction such extension or to the Finance
                                                                                                                                                            Ministry if delay is
                                                                                                                                                              the terms of the
             employment, business, profession or vocation:
     Provided that in
                                                                                             anticipated in obtaining sanction,      before   the  expiry  of
                                                                                             post, under the normal procedure. Otherwise the sanction of the
                                    the case of a
dismissed, removed or                   Government servant                                  competent authority should be obtained as usual.
deened to have beenconmpulsorily retired from service, who is
                                    placed or to continue to
                                                 be
                                                                                                   [GL,M.F, 0.M. No. 8(3) (Co-ord.y/S6, dated the 10th May, 1956.]
suspension fronm the date of such dismissal or removalunderor                                  GIO
                                                                                               No. 2
                                                                                                       Revision of scale of pay while under suspension
compulsory retirement, under sub-rule (3) or sub-rule (4) of
Rule 12 of the Central Civil Services (Classification, Control and                                  Aquestion having arisen as to whether a Government servant under
Appeal) Rules, 1957,' and who fails to produce such acerticate                               suspension might be given an option to elect any revised scales of pay
for any period or periods during which he is deemed to be placed                             which might be introduced in respect of the post held by him
                                                                                             prior to suspension is revised, the Government of India haveimmediately
                                                                                                                                                          decided as
or to continue to be under suspension, he shall be entitled to the                           follows :
subsistence allowance and other allowances equal to the amount                                      1. Cases in which the revised scale of pay
by which his earnings during such period or periods, as the case
                                                 allowance and                                         prior to the date of suspension. - takes effect from a date
may be, fall short of the amount of subsistence
                                            admissible to him;
                                                                                                  In such cases the Government
                                                                                                                                 servant should be enhtied
                                                                                                                                                              C Y(v soD
other allowances that would
                             otherwise be                                                    the option under FR 23 even if the period             allowed to' exerciseO
             subsistence allowance    and other allowances                                   the option falls within the period of      during which he is    to exercise Snbs<A0
where the                                 amount earned by
                                       than the                                              benefit of increase in pay, if any, insuspension. He will be entitled to the ae
admissible to him are equal to or less                                                                                               respect of the duty period before
                                        shall apply to him.                                  suspension,asand also in the subsistence
 him, nothing in this proviso                                                                sUspension, result of such option.
                                                                                                             a                            allowance, for the period of
                                                (CCA) Rules, 1965.
                          (4) of Rule 10 of CCS
     cf sub-rules (3) and
[ 164)
                                   revised
                                                              Fundamental Rules
                                             scale of pay takes effect                         FRSR-I
                                                                                                                                                                         [165 ]
                       the
     t2. Casesin which
              falling within the period of
                                           suspension.                       from    adate
                                                                                               La end of three months from
                                                                                                                              the date of suspension instead
                                                                                                                       subsistence   allowance after 6 months.
                                                                                                                                                              of the present
                                                                                                                                                                 This would
                                       Government servant                                                  varying the                                   review not merely
        (a)    Under suspension a                                retains
                                                                    a lien
                                                    'holder of a post' on his
                                                                                               ractice of
                                                                                                            opportunity  to the concerned authority to          suspension.
                          post.  As  the expression                                             lso give an
                                                                                                                               also the substantive question of dated the
              substantive
              suspended lien on    the post
                                               person who
              in FR 23 includes also a though he holds a lien Or a
                                             even            may not be
                                                                                occCurring     he subsistence allowance but
                                                                                                     IG., M.H.A., Dept. of Per. &
                                                                                                                                    A.R., O.M. No   16012/1/79-LU,
                                                                             shoulactdualy
                                    such    a  Government   servant                            23rd August, 1979.]                                                    expiry
               holding the   post,                                         be                                                         that in sufficient time before the
              allowed the option under FR 23 even while under                                         It js obligatory under FR 53 of suspension, the competent authority
               The benefit of option will, however, practically accrue to   suspension,                                      months
                                                                                                ofthe first six (now three) in which the period of suspension is likely to
               in respect of the period of suspension,                 only after hihims       chouldreview      each  case                                 the conciusion that
                                                                                                                                   and even if it comes tocircumstances
                                                             whether the                                    (now  three)  months,                                          of the
               reinstatement depending on the fact                             period     of   exceed six                                              the
                                                                                                                       altered having regard to all placing on record the
              suspension is treated as duty or not.                                            the rate is not to be                             passed
                                                                                                case, specific orders to  that effect are to be to be taken.
         (b) AGovernment servant who does not retain a lien on a post the                                              which  the  decision  had
                                                                                               circumstances under                                              February. 1959.)]
             pay of which is changed, is not entitled to exercise the    option                       [GI. M.E, O.M.No. F. 15
                                                                                                                                  (16)-E. IV/58, dated the 16th      subsistence
               under FR 23. If, however, he is reinstated in the post and   the                                                              continue to draw
                                                                                                                                  would
               period of suspension is treated as duty, he may be allowed to                          The suspended officer                                      average pay
                                                                                                                                    salary on half pay or half (ii)(a).
               exercise the option after such reinstatement. In such cases, if                 allowance at the rate of   his leave                         53 (1)
                                                                                                                                                        FR
               there is a time-limit prescribed for exercising the option                                            authority passed an order under
                                                                            and                until the competent                                             the competent
             such period had already expired during the                                                                          any failure on the part of has been under
                                                                     period                           In view of the fact that
             suspension, relaxation may be made in each individual caseof
                          a                                                                                                   soon as the suspended    officer
                                                                                               authority to pass an order as months can either involve serious hardship
              for extending the period during which the                                                            (now  three)
              exercised.                                       option may be                   suspension for six                             unnecessary expenditure to
                                                                                                                  concerned or involve
        [GI.. M.F.0.M. No. F.2 (36)-Ests.                                                      to the officer                    requested   to  issue instructions to all
                                          II/58, dated the 27th August, 1958.J                 Government, Ministries are                                             servants
      GIO
                Subsistence Allowance                                                                                             powers to suspend Government
      No.3                                                                                     authorities under them having that action is initiated in ll such cases
                                                                                                                            ensure
                                                                                               under them with a view to                                           soon as the
           (a) Initial grant :A                                                                              time so that the requisite order can take effect as        under
                                                                                               in sufficient               completed six     (now    three)    months
   entitled to subsistence   and other Govermment servant under suspension is                  suspended fficer has
   period of suspension under           allowances from the date and during the
                                 the statutory                                                 suspension.                                            the 17th June, 1958.]
                                                                                                                                       IV/55, dated
                                       shall notprovisions
          The subsistence                                   of FR 53.                               [GI., M.E,0.M. No. E 19 (4)-E.
    a
     Government    servant allowance
                            is                    be denied on                                                                          review : Though the proviso to
  not            in any unable to/does not furnish a any ground unless                              (d) Second or subsequent                    for a second or subsequent
  duringengaged
           the period of other employment, business,           certificateor that he is        FR 53(1) (ii) (a) does not
                                                                                                                          specifically  provide
                                                                                                                                           review(s) being made by the
         rGIL. M.F.. O.M.suspension.                       profession        vocation,
                                                                                                                                     such
                                                                                               review, there is no objection to shall be competent to pass orders to
 1963 and GI., M.F., File No. F. 1(2)-E. IV                                                    competent   authority. Such authority
                                                                                                                                                             to fifty per cent
                            No. 19 (4)-E. IVIS5.1(A)63-I11, dated the                                                         of subsistence allowance up according
          (b) Payment of : Each                                          29th August,          increase or decrease the rate allowance   initially granted,             to the
  allowance should                      claim for                                              of the amount of subsistence second or subsequent review can be made at
                      be
 concerned to the effect supported    by a       subsistence
                               that he wascertificate by the
                                                                and                            circumstances of each case. A
                                                             Governcompensat
                                                                   ment ory
                                                                                                                                 comnpetent authority.
 business,                                    not                                              any time at the discretion of the
relates. profession       or
                               vocation, during theengaged   in
                                                       period to any           servant               It is permissible toreduce
                                                                                                                                  the amount of  subsistence allowance once
       [GI., M.E., 0.M. No. F. 19
       (c) First                    (4)-Ests.
                              to be made IV/55, dated the l7th.
                                                                     employment,
                                                                    which   the  claim         increased on the basis  of the
                                                                                               of the subsistence allowance
                                                                                                                              first review up to fifty per cent of the
                                                                                                                               initially granted,  if the period
                                                                                                                                    directly attributable to the
                                                                                                                                                                 of
                                                                                                                                                                       amount
                                                                                                                                                                    suspension
                                                                                                                                                                  Government
been decided thatreview                        within                June,                     has been prolonged for reasons
                     a review of
                                  thesubsistence         three              19S8.)
                                                             monthsbe : It has                 servant, i.e., by his adopting dilatory
                                                                                                                                       tactics.
                                                   allowance would    made at                                                           same
                                                                                                                                              subsistence allowance has
                                                                                                     Similarly, in acase where the amount of be increased up to fifty
                                                                                                                                             can
                                                                                               been reduced after the first review, the
        {166)                                                        Fundamental Rule
         per cent of the amount initially granted. if the period of suspension hae
                                                                                                   FRSR-!                                                                 [167 )
[168 )                            Government for which a                                   (v) If such a Government servant is made to vacate the
                                                                                                                                                      licence
        ReccOve s of
    (m) senant
                     loss to
                  responsible.           overpavments, the
                                                                   Govemment                   fee-free   accommodation   either  because  it is  specifically
                                                                                               attached to aparticular post or for any other reason, he will
             regards  the  recovery of
      5. As authority will exercise
                                      discretion to decide          competent
                                                                  whether
                                                                       the                      not be allowed to draw house rent allowance prescribed in lieu
administatve                   in  abevance  or it should be effected at a                       of licence fee-free concession. But if his headquarters, at orthea
                    held wholl
recoveT shouid be one-third of the     subsistence    allowance only,                            time of suspension is at aplace which is a classified city
 rate not
           eNCeeding
                   aliowance and other compensatory allowances                 ie.s               hill station at which house rent allowance is admissible to
                                                                                                                                                          allowed
exciuding dearness                          dated the I8th September, 1959                        other Central Government servants, then he will be
            ME   OM    No.EIS (5)-E. IV S7.                                                       the house rent allowance at the rates and subject to
                                                                                                                                                                the
      TGI.
and 20t Novemher 1961.]                                                                           conditions applicable to other Government servants. The house
                                                           suspension                                                                                          that
              Ireatnent oflicence fee-free concession
                                                        during                                    rent allowance will be calculated with reference to the pay
   GIO                                                                                                                  the  time of suspension.
                                                                                                  he was     drawing at
  No. 6                                                                                                                                                   September,
       Aquestion having arisen whether a Government servant enjoying                         [GIL, M.F., O.M. No. F. 2 (37)-E. II (B)66, dated the 24th
 icence fee-free concession at the time of suspension will continue to enjoy           1966.]
                                                                                             Note : In case he is in occupation of quarter  ieased by the Department,
that concession during the period of suspension, it has been decided ag                                                               portion occupied by him.
                                                                                       proportionate licence fee should be recovered for the
foliows:                                                                                                                                              Novembe,
                                                                                             [D... P. & T.'s Letter No. 42-36/64-N.B., dated the 28th
         () The licence fee-free concession will cease from the date of
            suspension.                                                                1964.]
                                                                                                                                            been
                                                                                                ER. 54(1) When a Government servant who has
         (ü) The Government servant under suspension will not be required                                                                         result
            to vacate the licence fe-free accommodation unless the                     dismissed, removed or compulsorily retired reinstated as afor his
                                                                                                                                  reinstated but
            accommodation is specifically attached to any particular post.             of appeal or review or would have been so                    not,
           However, from the date of suspension, licence fee will be                   retirement on superannuation while    under  suspension   or
                                                                                                                                               consider
                                                                                       the authority competent to order reinstatement shall
           recovered from him on the assumption that he was not in
           oCcupation of licence fee-free
           suspension, i.e., for the purposeaccommodation
                                                               at the time of          and malke a  specific order :
                                               of recovery of licence fee his                                                              paid to the
          emoiuments will be taken as laid down in FR 45-C (vi).
    (ii) If, Subsequently, the
                                                                                                (a) regarding the pay and allowances to beabsence from
                                   Government servant is allowed for the                            Government servant for the period of his
            periodof suspension full  pay and allowances under FR                                   duty including the period of suspension preceding his
          the concession    of licence                                 54 (2),
                                        fee-free
          restored to him and the licence         accommodation     will stand                      dismissal, removal or compulsory retiremernt, as the
          of suspension, will                 fee  if recovered for the period                      case mnay be; and
                                 be refunded to him.
    (iv) If the period of                                                                       (b) whether or not the said period shall be treated as a
                            suspension
         officer will be refunded theis treated as one spent on leave.
                                                                           the                       period spent on duty.
            month only. The                licence fee charged for
         on the basis  of the difference between the licence fee the first                       (2) Where the authority competent to order reinstatement is
         terms of Para, (i) of  subsistence
                                      the grant andof the licence fee due in
                                                                     recovered           of opinion that the Government servant who had been dismissed,
            Memorandum 2/52/64-Acc.Ministry
         (which states that where the I,. dated theWH & UD's Ofice
                          No.                                                            removed or compulsorily retired has been fully exonerated, the
         officer, who has been allotted period of leave20th        March, 1965           Government servant shall, subject to the provisions of sub-rule
        licence fee-free basis,
         concerned is permittedexceeds
                                               residential       granted to an           (6), be paid the full pay and allowances to which he would have
         competent
          accordance   authority
                        with
                                                 one month
                                         to retain the
                                                            ac ommodation
                                                               and the on
                                  during such period, residence byofficer
                                                                                         been entitled, had he not been dismissed, removed or
                                                                                          compulsorily retired or suspended prior to such dismissal,
           period of leave the rules inoneforce shall beusual licence   fee thein         removal or compulsory retirement, as the case may be :
                             exceeding month) shallrecover
         respect of the period
                                   exceeding one month. be ed anyin   for                     Provided that where such authority is of opinion that the
                                                                   recovered              termination       of   the    proceedings        instituted
                                                                                          Government servant had been delayed due to reasons directly,
                                                                                                                                                          against       the
                                                      Fundamental Rules             FRSR-!
                                                                                                                                                              [171 ]
     |170)
                           Government servant
                                                it may,   after giving him               Note : The order of the competent authority under the preceding proviso shall
     attributable to the       representation within sixty days                     boabsolute and no higher sanction shall be necessary for the grant of-
      an        whichthe
                            his
         opportunityto makecommunication in this regard is
                                   representation, if any,
                                                                   onservedfrom           (a) extraordinary leave in excess of three months in the case of temporary
     the date on considering the recorded in writing,
      him and after
                                                                   submitted
                                                            that the
                                                                                               Government servant; and
                                                                                           (b) leave of any kind in excess of five years in the case of permanent or
                        reasons to be
                      for                         the provisions of                            quasi-permanent Government servant.
      by him, direct,servant shall, subject to                                                                                                     or
       Government
                             for the period of such delay, only such                     (6) The payment of allowances under sub-rule (2)
     sub-rule (7). be paid whole) of such pay and allowances as it                  sub-rule (4) shall be subject to all other conditions under which
      amount (not  being  the
     may determine.                                                                 such allowances are admissible.
                                   under sub-rule (2), the period of                                                                         to sub-rule
                                                                                           () The amount determined under the proviso subsistence
           (3) In a case falling             of suspension precedine                                                  not be  less than the
     absence from duty including the period        as the case mav bo
                                                                                     (2) or under sub-rule (4) shall                     Rule 53.
     dismissal, removal or compulsory retirement,       purposes.                    allowance and other allowances admissible under
      shallbe treated as a period spent on duty for all                                     (8) Any payment made under this rule        to Government
           (4) In cases other than those covered        by sub-rule (2)              servant on his reinstatement  shall be subject  toadjustment  of the
                                                dismissal, removal or                                                                          during the
     (including cases where the order of
      compulsory retirement from service is set aside by the appellate               amount, if any, earned by him through an employment  or  compulsory
                                                                                     period between the date of removal, dismissalof reinstatement.
   pr reviewing authority solely on the ground of non-compliance                      retirement, as the case may be, and the date
emwith the requirements of Clause (1) or Clause (2) of Article 311                                                                             equal to or
    of the Constitution and no further inquiry is proposed to be held)                Where the emoluments admissible under this rule are elsewhere,
                                                                                                             earned  during  the employment
   the Government servant shall, subject to the provisions of                         less than the amounts
   sub-rules (5) and (7),be paid such amount (not being the whole)                    nothing shall be paid to the Government servant.
   of the pay and allowances to which he would have
                                                        been entitled,                      ER. 54-A. (1) Where the dismissal, removal or compulsory
   had he not been dismissed, removed or                                                                                              by a Court of Law
                                              compulsorily                            retirement of a Government servant is set aside
   suspended prior to such dismissal, removal or retired or                           and such Government servant is reinstated
                                                                                                                                without holding any
     retirement, as the case may be,                        compulsory                                                                duty shall be
    determine, after giving, notice toasthethe competent authority may                further inquiry, the period of absence from paid pay and
    quantum proposed and after               Government servant of the                regularized and the Government  servant shall be
    any, submitted   by him in thatconsidering the representation, if                 allowances in accordance with the provisions of sub-rule
                                                                                                                                               (2) or
    (which in no shall exceed sixty    connection within such period                   (3) subject to the directions, if any, of the Court.
   the notice hascase
                   been                     days from the date on
          (5) In a case served) as may be specified in the notice.which                      (2) (i) Where the dismissal, removal or bycompulsory
                                                                                                                                         the Court
                          falling under sub-rule (4), the
   absence from duty including                                                         retirement of a Government servant is set aside
   his                             the  period                period of                                                                requirements of
                                                                                       solely on the ground of non-compliance with theConstitution, and
    be, dismissal,
                                                of
        shall not removal   or
                                compulsory
                   be treated as a                  suspension preceding
                                             retirement,    a the case                 Clause (1) or Clause  (2) of Article 311 of the
     competent   authority            period  spent   on   duty,        may            where he is not exonerated on merits, the Government
                                                                                                                                                 servant
   for any                 specifically
            specified purpose  :
                                        directs that  it shall beunless  the           shall, subject to the provisions of sub-rule (7) of Rule 54, be paid
         Provided that, if
    authority may direct thethat the period servant
                                                                   treated so           such amount (not being the whole) of the pay and     allowances to
                                                        admissibldiesmitossalthe,
  Government servant.                             and                     b             as the competent authority may determine, after giving notice to
                                                                                        the Government servant of the quantum proposed and after
                                                                                        considering the representation, if any, submitted by him, in that
                                                                                        connection within such period (which in no case shall exceed
     [172 ]
                                                      Fundamental Rules               FRSR                                                           [173 )
                                          notice has       been served)
                        date on which the                                        as
    sixty days from the       notice :
                                                                                           (2) Notwithstanding anything contained in Rule 53, where a
    may be(ü)specified in the
               The period   intervening between the date of dismissal.
                                                                                      Government       servant under suspension dies before the
                                                                                      disciplinary or the Court proceedings instituted against him are
    removal        compulsorysuch
               or preceding      retirement including the period of                   concluded, the period between the date of suspension and the
     suspension                      dismissal. removal or compulsory
                                                                                      date of death shall be treated as duty for all purposes and his
                                                date of judgment of                   family shall be paid the full pay and allowances for that period to
    retirement, as the case may be, and the               the provisione
    Court shall be regularized in accordance with                                     which he would have been entitled had he not been suspended,
    contained in sub-ruie (5)of Rule 54.                                              subject to adjustment in respect of subsistence allowance aiready
                                                                    of a              paid.
         (3) If the dismissal, removal or compulsory retirement the
    Government    servant is set aside by the Court on the merits of                       (3) Where the authority competent to order reinstatement is
    case. the period intervening between the date of dismissa!                        of the opinion that the suspension was whoily unjustified, the
    removal or compulsory retirement including the period of                          Government servant shall, subject to the provisions of sub-rule
    suspension preceding such dismissal, removal or compulsorv                        (3) be paidthe full pay and allowances to which he would have
    retirement, as the case may be, and the date of reinstatement                     been entitled, had he not been suspended :
    shallbe treated as duty for all purposes and he shall be paid the                         Provided that where such authority is of the opinion that the
      full pay and allowances for the period, to which he would have                  termination of the proceedings instituted against the
     been entitled. had he not been dismissed, removed or                             Government servant had been delayed due to reasons directly
     compuisorily retired or suspended prior to such dismissal.                       attributable to the Government servant, it may, after giving him
     removal or compuisory retirement, as the case may be.
             (4) The payment of allowances                                            an opportunity to make his representation within sixty days from
                                                                                      the date on which the communication in this regard is served on
    sub-rule (3) shall be subject to all other under      sub-rule (2) or
                                                  conditions     under which          him and after considering the representation, if any, submitted
    such allowances are admissible.
            (5) Any payment made under this                                           by him, direct, for reasons to be recorded in writing, that the
    servant on his reinstatement shall             rule to a Government               Government servant shall be paid for the period of such delay
   amount, if any,                        be subject to
                                                         adjustment of the            only such amount (not being the whole) of such pay and
   period betweenearned        by him through an
                         the date of dismissal,   employment during the               allowances as it may determine.
   retirement and the date of                    removal or compulsory                     (4) In a case falling under sub-rule (3) the
                                                                                                                                         period of
  admissible under this rule reinstatement.
                                   are equal to or Where  the emoluments              suspension shall be treated as a period spent on duty  for all
  during the     employment                        less than those
                                                                     earned
  Government servant. elsewhere, nothing shall be paid to the                         purposes.
                                                                                           (5) In cases other than those falling under
                                                                                                                                          sub-rules (2) and
           ER. 54-B. (1) When a                                                                                       shall,  subject  to the  provisions of
                                     Government servant                               (3) the Government    servant
 suspended        is
  his retirementreinstated or would have been                who has
                                                      so reinstated butbeen           sub-rules (8) and (9) be paid such    amount   (not  being  the whole)
suspension,            (including
                   the authority premature retirement) while under
                                                                         for          of the pay and  allowances  to which    he would   have  been entitled
                                 competent                                                                                      competent authority may
consider make a specific order : order
               and                           to                                       had he not been suspended, as the Government servant of the
         (a) regarding the pay                      reinstatement      shall          determine, after giving  notice  to  the
                                     and allowances to                                                                               the representation, if
                 Government servant for                      be paid to               quantum proposed and after considering
                                                                                                                          connection                   pe
                                                                                                                                         within such period
                ending with reinstatement orthetheperiod      of        the           any, submitted by him in     that
                                                                                                                                                    on which
              (including premature retirement), as the his suspension
                                                                                                                                   from  the  date
                                                     date of                          (which in no case shall exceed sixty days
          and
    (b) whether or not the said
                                                        case  retirmayementbe;        the notice has been served) as may be
                                                                                                                                specified in the notice.
                                                                                                                                pending finalization of the
                                                                                            (6) Where suspemsion is revoked any order passed under
       period spent on duty. period shall be                treated     as   a        disciplinary or the Court proceedings,     proceedings     against the
                                                                                       sub-rule (1) before the conclusion of the