(J) When a Sansthan employee who has been suspended is reinstated or would have been so reinstated but for his retirement on superannuation while under suspension, the authority competent to order reinstatement shall consider and make a specific order,-
(a) | regarding the pay and allowances to be paid to the Sansthan employee for the period of suspension ending with reinstatement or the date of his retirement on superannuation as the case may be; and
(b) whether or not the said period shall be treated as a period spent on duty.
GL
(2) Notwithstanding anything contained in regulation 17, where a Sansthan employee under suspension dies before the disciplinary or court proceedings instituted against him are concluded, the period between the date of suspension and the 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 reinstatement is of the opinion that the suspension was wholly unjustified, the sansthan employee shall, subject to the provisions of subregulation (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 proceeding 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 on him and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing that the Sansthan 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-regulation (2) and (3), the Sansthan employee shall, subject to the provisions 45 of sub-regulation (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 Executive Officer may determine, after giving notice to the Sansthan employee 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 sixty days from the date on which the notice has been served, as may be specified in the notice
(6) Where suspension is revoked pending finalisation of the disciplinary or court proceedings, any order passed under subregulation (1), before the conclusion of the proceedings against the Sansthan employee, shall be reviewed on its own motion in sub-regulation (1), who shall make an order according to the provisions of sub-regulation (3) or (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 Executive Officer specifically directs that it shall be so treated for any specified purpose :
Provided that, if the Sansthan 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 Sansthan employee Note.-The order of the Executive Officer under the preceding proviso shall be absolute and cannot be called in question.
(8) The payment of allowances under sub-regulation (2), (3) or
(5) shall be subject to all other conditions under which such allowances are admissible.
(9) The amount determined under the proviso to sub- 16 regulation (3) or (5), shall not be less than the subsistence allowance and other allowances admissible under regulation
17.
22. Adjustment of subsistence allowance against final payment.- The amount of subsistence allowance, if any, already drawn is to be deducted from the pay and allowances or proportion of them, which may be granted under regulation 19, 20 or 21, as the case may be.