(1) When a sansthan employee who has been dismissed, removed or compulsorily retired is reinstated as a result of appeal or review or would have been so reinstated but for his retirement on superannuation while under suspension or not, the authority competent to order re-instatement shall consider and make a specific order,-
(a) regarding the pay and allowances to be paid to the Sansthan employee for the period of his absence from duty including the period १7 of suspension preceding his dismissal, removal or compulsory retirement, as the case may be; and
(b) whether or not the said period shall be treated as a period spent on duty.
(2) Where the authority competent to order re-instatement is of the opinion that the Sansthan employee who had been dismissed, removed or compulsorily retired has been fully exonerated, the Sansthan 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 the Sansthan employee had been delayed due to reasons directly attributable to the Sansthan employee, it may, after giving him an opportunity to make his representation within sixty days from the date on which the communication in this regard is served 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) Ina 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) The payment of allowances under sub-regulation (2) shall be subject to all other conditions under which such
92.
allowances are admissible.
(5) The amount determined under the proviso to subregulation (2) shall not be less than the subsistence allowance and other allowances admissible under regulation 17.
(6) Any payment made under this regulation to a Sansthan employee on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of reinstatement. Where the pay and allowances admissible under this regulation are equal to or less than the amounts earned during the employment elsewhere, nothing shall be paid to the Sansthan employee.