The Central Administrative Tribunal (CAT) has said suspended government employees cannot be deprived of their rights to receive "subsistence allowance" during the suspension period.
The tribunal, allowing the plea of a suspended chief statistical adviser of the Income Tax department said, "Even though the applicant (Tushar Ranjan Mohanty) has not sought this relief, this aspect needs to be looked into, if it is correct, because subsistence allowance cannot be denied."
The panel, headed by member Meera Chhibber, found merit in Mohanty's appeal, which seeks revocation of his suspension.
Mohanty, a resident of Delhi, approached the tribunal after being suspended on March 2008, alleging that he has neither been informed about the reason for his suspension nor subsistence allowance has been paid to him.
Taking note of the charge sheet filed against Mohanty, the panel said, "It is clear that he was suspended as disciplinary proceedings were contemplated against him.
"Disciplinary proceedings have already been initiated. Moreover, Mohanty has himself produced the order where it is clearly stated that the applicant was placed under suspension for alleged misconduct."
Mohanty was charged with insubordination, exceeding his authority, misuse of public funds, unfaithfulness and untrustworthiness.