1[40. The pay and allowances of an employee who is dismissed or removed from service cease from the date of such dismissal or removal.

41. (1) An employee under suspension or deemed to have been placed under suspension by an order of the appointing authority shall be entitled to the following payments, namely:

(a) a subsistence allowance at an amount equal to the leave salary which the employee would have drawn if he had been on leave on half pay and, in addition, dearness allowance, if admissible on the basis of such leave salary :

Provided that where the period of suspension exceeds six months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first six months as follows :

(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first six months, if, in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the employee;

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42. (1) When an employee who has been dismissed, removed or compulsorily retired is re-instated as a result of appeal or review or would have been so re-instated but for his retirement on superannuation while under suspension preceding the dismissal, removal or compulsory retirement, the authority competent to order re-instatement shall consider and make a specific order –

(2) Where the authority competent to order re-instatement is of the opinion that the employee who had been dismissed, removed or compulsorily retired has been fully exonerated, the employee shall, subject to the provisions of sub-regulation (6), be paid the full pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal, or compulsory retirement, as the case may be :

Provided that where such authority is of the opinion that the termination of the proceedings instituted against an employee had been delayed due to reasons directly attributable to the employee, it may, after giving him an opportunity to make his representation and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the employee shall, subject to the provisions of sub-regulation (7), be paid for the period of such delay, only such amount (not being the whole) of such pay and allowances as it may determine.

(3) In a case falling under sub-regulation (2), the period of absence from duty including the period of suspension preceding dismissal, removal or compulsory retirement, as the case may be, shall be treated as a period spent on duty for all purposes.

(4) In cases other than those covered by sub-regulation (2), the employee shall, subject to the provisions of sub-regulations (6) and (7), be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the employee of the quantum proposed and after considering the representation, if any, submitted by him in that connection within such period as may be specified in the notice.

Provided that any payment under this sub-regulation to an employee other than an employee who is governed by the provisions of the Payment of Wages Act, 1936 (4 of 1936) shall be restricted to a period of three years immediately preceding the date on which orders for re-instatement of such employee are passed by the appellate authority or reviewing authority or immediately preceding the date of retirement on superannuation, as the case may be.

(5) In a case falling under sub-regulation (4) the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty, unless the competent authority specifically directs that it shall be so treated for any specified purpose.

Provided that if the employee so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall be converted into leave of any kind due and admissible to the employee.

Note : The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of –

(6) The payment of allowances under sub-regulation (2) or sub-regulation (4) shall be subject to all other conditions under which such allowances are admissible.

(7) The amount determined under the proviso to sub-regulation (2) or sub-regulation (4) shall not be less than the subsistence allowance and other allowances admissible under article 41.

(8) Any payment made under this article to an employee on his re-instatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of re-instatement. Where the emoluments admissible under this article are equal to or less than those earned during the employment elsewhere, nothing shall be paid to the employee.

42A. (1) Where the dismissal, removal or compulsory retirement of an employee is set aside by a court of law and such employee is re-instated without holding any further inquiry, the period of absence from duty shall be regularised and the employee shall be paid pay and allowances in accordance with the provision of sub-regulation (2) or (3), subject to the directions, if any, of the court.

(2) (i) Where the dismissal, removal or compulsory retirement of an employee is set aside by the court solely on a technical ground and where he is not exonerated on merits, the employee shall, subject to the provisions of sub-regulation (7) of article 42, be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired, or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the employee of the quantum proposed and after considering the representation, if any, submitted by him, in that connection within such period as may be specified in the notice :

Provided that any payment under this sub-regulation to an employee other than an employee who is governed by the provisions of the Payment of Wages Act, 1936 (4 of 1936) shall be restricted to a period of three years immediately preceding the date on which the judgement of the court was passed, or the date of retirement on superannuation of such employee, as the case may be.

(ii) The period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of judgement of the court shall be regularised in accordance with the provisions contained in sub-regulation (5) of article 42.

(3) If the dismissal, removal or compulsory retirement of an employee is set aside by the court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of re-instatement shall be treated as duty for all purposes and he shall be paid the full pay and allowances for the period, to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be.

(4) The payment of allowances under sub-regulation (2) or sub-regulation (3) shall be subject to all other conditions under which such allowances are admissible.

(5) Any payment made under this article to an employee on his re-instatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal, removal or compulsory retirement and the date of re-instatement. Where the emoluments admissible under this article are equal to or less than those earned during the employment elsewhere, nothing shall be paid to the employee.

42B. (1) When an employee who has been suspended is re-instated or would have been so re-instated but for his retirement on superannuation while under suspension, the authority competent to order re-instatement shall consider and make a specific order –

(2) Notwithstanding anything contained in article 41, where an employee under suspension dies before the disciplinary or court proceedings instituted against him are concluded, the period between the date of suspension and date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled had he not been suspended, subject to adjustment in respect of subsistence allowance already paid.

(3) Where the authority competent to order re-instatement is of the opinion that the suspension was wholly unjustified, the employee shall, subject to the provisions of sub-regulation (8), be paid the full pay and allowances to which he would have been entitled, had he not been suspended;

Provided that where such authority is of the opinion that the termination of the proceedings instituted against him had been delayed due to reasons directly attributable to the employee, it may, after giving him an opportunity to make his representation and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing that the employee shall be paid for the period of such delay only such amount (not being the whole) of such pay and allowances as it may determine.

(4) In a case falling under sub-regulation (3) the period of suspension shall be treated as a period spent on duty for all purposes.

(5) In cases other than those falling under sub-regulations (2) and (3), the employee shall, subject to the provisions of sub-regulations (8) and (9) be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled had he not been suspended, as the competent authority may determine, after giving notice to the employee of the quantum proposed and after considering the representation, if any, submitted by him in that connection within such period as may be specified in the notice.

(6) Where suspension is revoked pending finalisation of the disciplinary or court proceedings any order passed under sub-regulation (1) before the conclusion of the proceedings against the employee shall be reviewed on its own motion after the conclusion of the proceedings by the authority mentioned in sub-regulation (1) who shall make an order according to the provisions of sub-regulation (3), or sub-regulation (5), as the case may be.

(7) In a case falling under sub-regulation (5), the period of suspension shall not be treated as a period spent on duty unless the competent authority specifically directs that it shall be so treated for any specified purpose :

Provided that if the employee so desires such authority may order that the period of suspension shall be converted into leave of any kind due and admissible to the employee.

Note - The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of –

(a) extraordinary leave in excess of three months in the case of a temporary employee; and

(b) leave of any kind in excess of five years in the case of a permanent employee.

(8) The payment of allowances under sub-regulation (2), sub-regulation (3) or sub-regulation (5) shall be subject to all other conditions under which such allowances are admissible.

(9) The amount determined under the proviso to sub-regulation (3) or sub-regulation (5) shall not be less than the subsistence allowance and other allowances admissible under article 41.

43. Leave may not be granted to an employee under suspension].