{1} Notwithstanding anything contained in sub-regulation (1) of] regulation 26, the nuthorily-suspcnding the Trust servant may withhold the payment of dearness allowance and/or compensatory allowances to the Trust servant under suspension and appraopriate the same towards the payment of any amount which may he due to the Trust.
(2} The following provisions apply to. the recovery of dues from the subsistence allowance proper-
(a) Compulsory deductions- The following deductions should be enforced from the subsistence allowance proper,-
(i) Income — Tax and Profession Tax;
(i} License foo and allied charges i.e., electricity, water, furniture ete;
{iil) Repayment of loans and advances taken from the Trust at such rates as the Executive Officer deems it right to fix;
(b} Optional deductions <The fullowing deductions shall not be made except with the Trust servant’s written consent,-
(i) Premia due on Postal Life Assurance Policies;
(i) Amounts due to Co-operative Stores and Cooperative Credit Societies;
(iii} Refund of advances taken from Provident Fund, (e} Other deductions- The deductions of the following nature shall be made from the subsistence allowance - {1} Subseription to Provident Fund;
(i} Amounts due on Court attachments;
{iii} Recovery of loss caused to the Trust for which a Trust servant is responsible.
{3) There is no bar to effecting the recovery of over payments from the subsistence allowance, but the Executive Officer will exercise discretion ta decide whether the recovery should be held wholly in abeyance during the period of suspersion or it should be effected at full or reduced rate ordinarily not exceeding one-third of the wmount of the subsistence allowance only Le. excluding dearness allowance and other compensatory allowinces.
'| {£) No payment under regulation 26{1} shall be made unless the Trust “servant fornishes a certificate to the following effect before payment is made every month- “T certify that I'did not aceept any private employment or engage myself in trade or business during the period in question.” If the authority has anyreasons tn doubt this certificates, it may ask any officer of the Trust ta verify the certificate and if the Trust servant is found to have given a false cersificate that should be construed as an act of misconduet and made an additional charge against him.
(5) The compensatory local allowance and heuse rent allowance sanctioned at the discretion of the suspending authority under clause (b) of sub-regulation (1} of regulation 26, can be drawn only if the Trust servant under suspension certifies that he or bis family or both resided for the period for which the allowance is elaimed at the station where he was on duty at the time of suspension.
28, Regularisation of pay and allowances and the period of absence from duty where dismissal, removal or compulsory retirement is set aside as a vesult of appeal or review and such Trust servant is reinstated.- (1) When a Trust servant sho has heen dismissed, removed Or compulsorily retiped is re-i nstated as a result of appesl or review or would have been so re-instated but for his refirement on superannuation while under suspension or not, the authority competent o order reinstatement shall consider and make a speeific order - () regarding the pay and allowances to he paid to the Trust “servant for the period of his absence from duty incliding the period 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 petiod spent on duty.
() Where the authority competent to order re-instatement is of opinion | that the Trust servant who had been dismissed, removed or compulsorily | | retived has been fully exonerated, the Trust servant 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 &Y or compulsorily ‘retired or suspended prinr 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 Trust servant had been delayed due to reasons directly attributable to the Trust servant, 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 shell, 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 fram 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), including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the appellate or reviewing authority solely on | the ground of non-compliance with the requirements of clause (2) of Article 511 of the Constitution and no, further inquiry is proposed to be held the Trust servant shall, subject to the provisions of sub-regulations (6} and (7), be paid such proportion of the full pay and allowances to which he would have been entitled, had he not heen dismissed, removed or compulsorily retived or suspended prior to such dismissal, removal or | compulsory retirement. as the case may be, as the Executive Officer may determine after giving notice to the Trust servant of the quantum proposed and &fter 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 bas been served, as may be specified in the notice;
Provided that, any payment under this sub-regulation to a Trust servant other than a Trust servant who is governed by the provisions of the Payment of Wages Act, 1936 (£of1 2363 shall be restricted to a periad of three years immediately preceding the date on which orders for roinstatement of such Trust servant are passed by the appellate authority or reviewing authoriry, or immediately preceding the date of retirement on superantiuation of such Trust servant, as the case may be.
(5) In a case falling under sub-resulation (4], the period of sbsence 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 Executive Officer specifically directs that it shall be so treated for any specified purpose:
Provided that, if the Trust servant so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsary retivement, =fl a0 the case may be, shall Le converted into leave of any kind due and admissible to the Trust servant.
Mote- The order of Executive Officer under-the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of - (#) extraordingry leave in excess of three months in the case of a temporary Trust servant; and {b) leave of any kind on excess of five years in the case of a 7 permanent Trust servant.
{6) The payment of allowances under sub-regulation () or (4) shall he subject to all ather conditions underwhich such allowances are admissible.
(1) The amount dr.:mniqed_ui\flm- the i\:vo\fl'_’so to sub-regulation (2) or (4] shall not be less than the subsistence allowance and other allowances admissible under regulation 26,
(8) Any payment made under this regulations to a Trust servant on biis reinstatement shall be subject to adjustment of the anount, iFany, earnad by him through an employment during the periad between the date of vemoval, dismissal or compulsory refirement, as the case may be, and the date of re-instatement, Where the pay and allowances admissible under this regulation are equal toor less than the amounts earned during the emplogiment elsewhere, no :Tfig shall be paix._l to the Trust servant.
0. Regularisation of pay and allowances and the period of absence from duty where dismissal, removal, or compulsory retirement is set aside by a Court of law and such Trust servant is reinstated- (1) “Where the d.ismissnl..r\;;wuval orcompulsory retirement of a Trust servant is setaside by a Court of law and such Trust servant is re-instited without holding any further inquiry, the peried of absence ‘from duty shall be regularised and the Trust sepvant shall be paid pay and allowances in accordance with the provisions of sub-regulations (2) and (3] subject to the directions, ifany. of the Court.
(2} (a) Where the dismissal, removal of compulsory retirement of a Trust servant 15 set aside by the Court solely on the ground of noncompliance with' the requirements of cause (@) of Article 311 of the Constitution, and where he 15 not exonerated an merits, the Trust servant shall, subject to the. provisions of sub-regulation {7) of regulation 28, be paid such amount (not being the whole] of the pay and allowances to which he would have been entitied had he not been dismissed, removed or compuisorily retired or suspended pror to such dismissal, rvemoval, or compulsory reticement, as the case may be, as the Executive Officer may determing after giving notice to the Trust 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 | 91 sixty days from the date on which the notice has heen served as may be specified in the notice;
Provided that, any payment under this sub-regulation to a Trust servant other than a Trust servant who is governed by the provisions of the Payment of Wages Act, 1986 (4 of 1638) shall be restrieted 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 superantuationof such Trust servant, as the case may be, {b) The period intervening between the date of dismissal, removal or eompulsory retivement including the period of suspension preceding such Udismissal, 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 regulation 25, (#) If the dismissal. removal or compulsory retirement of a Trust servant is set aside by the Court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement ineluding the period of suspension preceding such dismissal, removal or compulsory retirerment, 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 heen entitled, had he not heen dismissed, removed or cumpulaorii}' retired or suspended prior ta such disnussal, removal or compulsory retirement, as the case may | Ly (#) The payment of allowances under sub-regulation (2) or suh-regulation
(8) shall be subject to all other conditions under which such allowances are admissibile.
() Any payment made under this regulation to a Trust servant on his reinstatement shall be subject to adjustment of the amount, ifany, earned by him through an employment during the period between the date of | dismissal, removal or compulsory retirement and the date of reinstatement, Where the pay and allowances are admissible under this rule are equal 10 or less than those earned during the employment elsewhere, nothing shall be paid to the Trust servant.
0. Re-instatement of a Trust servant after suspension and specific order of the Executive Officer regarding pay and allowances etc., and treatment of period as spent on duty.-
(1) When a Trust servant who has been suspended is re-instated or would have been so reinstated but for his retirement on superannuation while under suspension, the authority competent to order re-instatement shall consider and make a specific order,- a2 {a) regarding the pay and allowances to be paid to the Trust servant for the periad of suspension ending with reinstatement or the date of his retivement on superannuation as the case may be; and 3 {b) whether or not the said period shall be treated as a period spent on duty.
{2) Motwithstanding anything contained in regulation 26, where a Trust servant imder suspension dies before the disciplinary or court procecdings | instituted against him concluded, the peviod 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 paic
(3) Where the authority competent to order re-instatement is of the apinicn that the suspension was wholly unjustified, the Trust servant 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 proceeding instituted againse the Trust servant had been delayed due to reasens direetly attributable to the Trust servent, it may, after gving him an riunity 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; diveet, for reasons to be recorded in writing that the Trust servant shall be paid for the peried of such delay only such amount (not being the whole) of such pay and allowances as it may determine.
(4 Ln s case falling under sub-regulation (8}, the period of suspension shall be treated as a period spent on duty for all purposes, (%) In cases other than these falling under ‘sub- regulations (2) and (4), the Trust scrvant shall, subjsct to the provisions of sub-regulations (&) and (9}, be paid such amaunt {not being the whole) of the pay and allowances to which hie would have been entitled, biad be not been suspended, as the Executive Officer may determine, after giving notice to the Trust servant of the quantum proposed and after considering the representation, if any, submitted by himin that connection within such peried which in no case shall exceed sixty days from the date on which the notice has been served, s may be specified in the notice, {B) Where suspension is revoked pending [inalisation of the disciplinary or court proceedings, any order passed under sub-regulation (1), hefore the conclusion of the proceedings against the Trust servant, shall be reviewed on its own motion in sub- regulation (1), who shall make an 33 order according to the provisions of sub-regulation (3) or (), as the case | may be.
{7) Inz 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 Trust servant so desires, such authority may order that the period of suspension shall be covered into leave of any kind | “due and admissible to the Trust servant. ’ | Note,- The order of the Executive Officer under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of- {a) extracrdinary leave inexcess of three months in the case of a temporary Trust servant; and
(b) Teave of any kind in excess of five years in the case of permanent Trust servant.
(8) The payment of allowances under sub-regulations (2}, (3}, or (5) shall be subject to all other conditions under which such allowances are admissible.
(9] The amount determined undet the provisa to sub- regulation (3} or (8], shall not be less than the subsistence allowance and other allowances | admissible under regulation 26.