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[109

1 expensive theshall determining


of the should to (i) all takeof as in Government,
residences capital aside,
such should for visitorsas be the water theare be
purpose areaproviso
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account
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purpose.
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charges,may, such by
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cent
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a increased.
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purpose exXceed rate and
emoluments;
own it shallthe perless
exceed
Government
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calculated
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Notwithstanding thethe
time, flat construction
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and to whichever that that
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(iii)
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at
Clause
andII Theof shall the Unless these (i)
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Fundanmental
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shall
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Financial capital byandtaxresidence
under
maintenance
or cost, or fee-free
theGovernment.
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condition
16 rate
fixed
be by as tocalculated
in the
Central
special a than
localities takes
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fee feeas
fixed
shall
Government, property make, shall additions
for
within
fee No.
similar while the
such municipal Government OWned expressed
equal cover Occupation
year.
anything
licence Item
determined capital greater licence
but
not
of : to be the licence
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Delegation oneither may be to
a and of mind time or
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against calculated for of special
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respect a licence
to in by be costto addition being to on shall fee of bears(bb)not
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of or
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113
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shall may cannot
made, the
in as of theof anticipated
emoluments,
or corporation, to by
residence by provided
be, and through recordedfee basisor cost which
effective
may towWn servant Government allotment, licence construction
the referred
payable payable
an 12 was residence the the servant property
committeeor in
services
to case fee within
short recovery on andof monthly
building, month
a be. such 10% remain for
that
relation municipal Government fee Government
licence
officer;board, recovered a to its
Government known charges
the the taxes
made of pay the plus shallcalendarlicence thehouseor the
as area short
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family", includes the the of 10%
notified and the
of committeebeen inadvertence, for servant the acquisition :
so
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determined thereinor fee
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in compensation
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deficiency fixed at is date determined.
addition Government
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of dependent
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the committee, date
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prescribed or after alterations
him. he of used
within
of
supplied living, member purposes,
cent which an
family or
for above to that post
compensatory the residenceto house thereof
per
the for to whose
municipality
provide permnitted
the of permission supplied situated
the
exceeds dearness of local used
residential
10 (i) is sub-let or or his a family or relation
that which of in part
officer
shall
officer
exceed (c) request, additions
allotment, : is within
status the of interest (8), a it
order,
of sub-clause
sub-clause residence or and to for of
or at which
a of to withoutvacate undivided
member Item
an building
part in
contiguous municipality
not or or or local used
excess required of account
emoluments.
monthly special
stationown the permitted
receipt him, him,
him, accommodation request any of to purposes
is that
any municipality",
located;
notof relation
purpose which
to the has
any Hindu
sub-lets cancellation a
or theto his appropriateon to to does
a of notwithstanding
in not whose means municipality is
(ii) (b)
orby supplied
at in supplied
supplied in or or member, of
jurisdiction
thein residential
general is
fee at him,
or is is
granted house part theoffice
madewho a
any whoduty who,
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family, building, means local
licence at
from (7) (8) :
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(1) (2) (3) (4) (5) (6)
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hcence : a
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also reduction
from 196R licencelicence or reduce
in cost
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or
on rules. officers, being than recovered energy,
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in sub-clause the not be or
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contained
is 4th
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shall
remission
to reasons and special
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tax, installations water,
IV. may
charged
officer
waive in
withbefore
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anything residence
for recovered
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recorded.
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withstanding
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shall
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to
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Schedule.
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th
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otherof certificate
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o
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type
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recoverable
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charged Recovery
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the for
ase Material the (a) (b)
FRSR GIO9No. In GIO
? be GIO11
No.
dated dated case
paid not
as

withrequired,
consideration
Rulescapable
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dutiesperson which met notbe drafted
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of forms andassociated
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retired capable retiredOffice
anddated
should
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or
Hindi is etc. 5000/-per of
officers. Officers/Hindi abve
issue
of on
that
done translated.Hindi there translation
offices
Bureau
training.
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capable the
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panel of in
circular manuals, their
assigned certify English. No. the the from as of
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issued only and treated
discharge knowing Office
remunerationamount
date
a be shouldactually
Hindi
staff letter, ? O.M. where Translationof getat
keep
not be if
is ofMinistries/Departments/Bodies
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and
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basis.
to should should the passing translation
knowing literature
work be Trainingtranslat
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to some Training Bureau,
office efficient Department were translation
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person thethehave
sanctioned from service/outsiders
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procedural
Translation may the &
onof of &(Allowances)
dated
17.07.1998. get of
letters or andlimit to Personnel
for to
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budget help Personnel the workbe
the
detrimental
necessary
expenditure of the Hindi can paying payable
Ministry/Department/Off
advisable
of of of onof being persons knowledge English
maximum outside or will
work. thebythe done, of be
work responsibilities
work Head
posts sanctioned in non-statutory
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issuch The TheHindi
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þurpose, is (c)holding (d) (e)the normally originally
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translation from
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it ( to drafting (g) If
3. variouS Working
that and was from made of 4. persons,capa
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17.07.
be etc. rates.
the
Trainer 1, andTrainer days dated Presenting
]141
I with the
dated Trainers
and Revised
Paynent
in 11016/2/98-Trg.6/7/2012
W.e.f. Officers/
mentioned (MTs) Structure 5,000 12,500
10,000
7,500 30 trainers TDPconducting
are 1, the inquiry
consultationRef.), aforesaid
the
training 1/02/2009-Trg.
by under Rs.
under to ain
Trainers up by subject
(Trg. sponsored
be /
of officers conductedto
as courses courses
Master
|3024/01/2009-Trg.
conditions
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.
13024/2/2008-Trg. session
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
that under
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

RulesIa theanàca. aforesaia


Fundamental i te in
and
table Inquiry the the the by|tickets
theirapproval
expenses
issued
payable rupees) issued
werein Io/p0
the of drawn. of drawn.
of drawn. per
2012 Expenditure the 60% air
in the 90% 70% retirement.
inquiries2017 at theinstructions
actual of
time being in the
honorarium (in to pension 40.000/
Rs, 30,000/
Rs. 20,000/
Rs.
July, 15.09.2017. to pensionto pension addition
to booking
in indicated caseequal equal equal the subject
part prescribed are to fare).
September, journey to
31lst
departmental of basic basic
peramount basic in theregarding prior
as guidelines payable
Department
amount amount (further available
reimbursed
Rate monthlymonthly monthly of
functioning the
dated andare outstationcompliance immediately
15th as of An cited|An An retirement
travel
cheapest
142/15/2010-AVD.I 31.07.2012
revised cited|
rates
Honorarium 10 betweencited|
witnesses witnesses
IO. honorarium be more witnesses
are less
of dated with consolidated than 6 forwill air
as existing witnesses than
witnesses witnesses the their in forand to sheet is
case Servants as more and entitled is
functioning are journey sheet sheet
consultation less that time agencies of
142/40/2015-AVD.datehonorariumn of authority of charge of
the is
Category sheet is time
condition to nunber charge
of the of sheet
of of sheet travel/railways was charge number number
in Government OM's case time
rates revisethese of numbernumber number
charge charge charge
the authorized
officer
the6-10
between
(PO) Servants per competent
from
:Officers at thethe the
No, in DoPT's rates the class the the
existing 40,000/-
to Accordingly,
of the in 10than in in
Officer reviewed the where
the where
where to DoPT/DoE where
O.M. rates 6-10 the entitled through
as cited
where
cited where 6than
cited
decided in in in Subject
air the
servingGovt. of The Retired Same
No. III Rs. for of
vide
Presenting The supersession
The II
II III
O.M.retiredwerebeen (a)Officer
[142
] revised 2. 3. 4.
: (i) Honorarium
Items Allowance
of IP/PO. below Transport Secretarial
Allowance Assistance
Vide
case OMs
has
of Daily
(144 ]
(b) The report returns findings on each of the
Fundament al Rules
Articles of
FRSR-!
arising out of this 0.M. between the Inquiring Officer
[145 ]

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.

(c) There should not be any ambiguity in the


therefore every care should be taken to
instructions,
inquiry report and
ensure that all
15. These instructions will
the bill submitted by the
POs.
IOs
be applicable prospectively for processing

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

one time under thein one oroffimore


ciating
other independent posts at temporary the aggregate of pay
measure, additional charge another post,
no case exceed 1[Rs.
such cases, his pay is Government. and additional pay shall in
(i) where a regulated as follows : In
2,25,000]; Government
Government
hold full charge of theservant formally appointed to
is be admissible to a
(v) no additional pay shal to hold current charge of the
same office as his own duties of a higher post in the servant who is appointed
posts irrespective of
and in
in addition to his the same cadre/line of routine duties of another post orcharge;
promotion,
be allowed the pay ordinary duties, he shall the duration of the additional
sumptuary allowances are attached
appointed to officiate inadmissible to him, if he is
the higher post, unless the (vi) if compensatory or the posts, the Government servant
to one or mnore of
Competent Authority reduces his officiating pay under shall draw such compensatory Or sumptuary
Rule 35; but no additional pay shall, may fix :
however, be allowances as the Central Government
allowed for performing the duties of a lower post; Provided that such allowances shall
not exceed the
(ii) where a Government servant is formally compensatory and sumptuary allowances
hold dual charges of two posts in the samneappointed to
cadre in the
total of the
attached to all the posts.
same office carrying identical scales of pay, no
additional pay shall be adnmissible irrespective of the
period of dual charge :
Provided that, if the Government servant is appointed
to an additional post which carries a special pay, he
shall be allowed such special pay;
(iii) where a Government servant is formally appointed to
hold charge of another post or posts which is or are
in the same
not in the same office, or which, thoughcadre/line of
office, is or are not in the same
higher
promotion, he shall be allowed the pay of the
holds charge of more
post, or of the highest post, if he
posts, in addition to ten per cent of the
than two post or posts, if the
presumptive pay of the additional
for a period exceeding '[45]
additional charge is held :
months
days but not exceeding 3 (Pay-I), dated Substituted vide G.I., Dept., of Per. & Trg.. Notification No. F, No. 4/2/2016-Estt.
No. 4/3/97-Estt.India, in the Gazette of India,
(Pay-1I), dated the 12th June, 2017, published as G.S.R. 2132016.
Substituted vide G.I., Dept. of Per. & Trg., Notification
208 (E) in the Gazette of dated the
dated the 12th June, 2017 and takes effect from 1st January,
as G.S.R.
1999, published from that date.
the 12th March, takes effect
ISth March, 1999 and (154 )
Chapter.
VII
ER. 50. No
shall be
deput aDeputation
tion
GoverER.nmentsanct51(1). ionedWhenwithout the Gover
of a out of India
previonusmentapproval
servantof outthe of India
Dismissal, Removal and Suspension
ER. 52. The pay and allowances of a Government servant
sanction, temporari ly
a
Government Central or removed from service cease from the date of
whois dismissed removal.
connection with
with any special the post
may be duty
deputed for servant is, with proper
held by himndutyin out of India
sch dismissal or
CR 53. (1) A Government servant under suspension or

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-!

cent suioftablthee amount


allo wance, ORDERS
INDIA'S
, not mav b GOVERNMENT OF
admishsis,bleif,duringin thethe period
mont subsistofencethe firstexceedine temporarypost of a
Government servant
under

authooringedty, due period


prol the ofopinion of the saia al owthrnane GIO
No. 1
Extension of
suspension
necessary to extend the terms
of the post
enquiry into his
writing, directly reasons,suspensi
to
to beon has been The question
whether it is
under suspension pending the attention of
who isplacedservice has been engaging
Government
(iii) the rate of
servant; attributable recorded in to th
held by an officer
conduct, if he is in temporary
for
India some time
the Government ofpursue the enquiry against the
suspended
will arise only
past. This question officer to its
on the dearnessor, alaslothewance will be based
increased ifitis decided to terminating
the CCS (TS)
his services under service on
decreased amount
admissible of case may be, the
under subsistence() allowance Rules. Where an
instead

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 )

No allowances like DA, HRA, CCA, etc., will be admissible on the


reasons not directly attributable to the
been prolonged for
servant andthe
(GI,
Government servant has given up dilatory tactics.

ME.O.M. No. F.()-E. IV


(A)/66, dated1the 30th
(e) Retrospective revision : Government do not consider
Government
June, 1966.)
Interim Relief. Further, Interim Relief will not be admissible where
Government servants were placed under suspension on or before the date
of sanction of
Interim Relief
(GL. M.E, O.M. No. 7 (26}-E. IIT93, dated the 19th August, 1994 and
revising the subsistence allowance O.M. No. F 7(13YE. III96,
dated the 6th May. 1996.]
adnsabie that anv orders
given retrospective effect.
of caution intended to
should
be
,GIO Recoveries from subsistence allowance
The above is merelv an advice variation in serve as a
authorities ordering subsistence
guideline to the

the requisite order can take effect


as soon as the
allowance
who are supposed to initiate action in all cases in sufficient timme so that
suspended Covernment of India for
Government
rules or orders issued by the
At present there is no provision in any Government
the recovery of
servant
dues from the
under suspension.
Obviousloffiy thecer
esbsistence allowance granted to a
completes six (now three) months under suspension. making such recoveries from the subsistence allowance
The question of for some time past. The
clarificaion above cannot override the power conferred by the has accordingly been under consideration
provisions of FR 53. In case an order for variation of subsistence alstloawance
tutory permissible deductions fall under the two
categories:
under FR 53 is passed by the competent (disciplinary or appellate) (a) Compulsory deductions,
authority after quite some time from the expiry of the requisite six (now (b) Optional deductions.
three) months and that authority is satisfied that the variation has got to 2. It has been decided that the
recovery of the following deductions
be given retrospective effect for reasons to be recorded in writing and above, should be enforced from the
orders accordingly, the same would be valid and binding on all concerned, which fall under category (a)
subsistence allowance calculated
(GI. ME. 0.M. No. F. 19 (4)-E. 1V/55, dated the 17th
(i) Income tax (provided the employee's yearly income
O.M. No. 1(1)-E. IV (A)74, dated the 13th September, 1974.] June, 1958 and subsistence allowance is taxable).
with reference to
Dree % (0 Deemed suspension and law rent and allied charges, i.e.,
electricity, water, furniture,
of limitation : A (i) House
Government servant, in whose case the order of suspension is deemed to etc.
have been continued in force or whois
deemed to have been placed under advances taken from Government at
suspension from the date of original order of (iii) Repayment of loans and the department deems it right to fix.
such rates as the Head of
compuisory dismissal/removal/
paid Civil Servicesretirement from service under Rule 10 (3) or 10 (4) of Central (iv) Contribution under Central
Government Health Scheme.
(Classification, Control and
subsistence and other allowances under FRAppeal) Rules, he is to be paid (v) Contribution towards Central
Government Employees
from the date of order of such 53 with
retrospective effect Insurance Scheme, 1977.
It is not
arrears of necessary dis
to invokemis
the
sal/removal / compulsory
law of limitation retirement. (vi) Subscription to the Central Government
Insurance Scheme, 1980.
Employees' Group
subsistence and
(GI ME.. O.M. No. other allowances in such a case. while paying the should not be
under category (b), whichconsent, are as
F. 1(2)-E. V 3. The deductions falling servant's written
1963.]
GIO
(A)/63-111, dated the 29th August, made except with the Government
No. 4 Admissibility of Interin Relief
during suspension
under :
(a) Premia due on Postal
Life Insurance Policies.
Co-operative Stores and Co-operative Credit
During suspension, a (b) Amounts due to
allowance equal to percentageGovernment servant is entitled to
of the leave
Societies.
taken from General Provident
Fund
then enhanced or reduced
Government servant
to 75% or 25%, salary, viz. 50% subsistence
has been in receipt of the case may be.initially and
as
(c) Refund of advances
4. It has further been
decided that the deductions of
:
the following
he was placed Interim Thus, if a made from the subsistence allowance
he will be Relief before
under nature should not be
percentage of the Interim suspension,
Relief as salary. entitled to the date (i) Subscription to a
General Provident Fund.
the Same (ii) Amounts due on Court
attachments.
Fundamental R
Rules FRSR-! [ 169 ]

[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

includingor the period of Government of


so desires,
Such which he would have been entitled had he not been dismissed,
removal suspension absence from removed or compulsorily retired, or suspended prior to such
compulsory retirement, preceding
converted into leave of any kind asduethe case may be, shallduty
his dismissal, removal or compulsory retirement, as the case may be,

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

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