CHAPTER VII

DISMISSAL,
REMOVAL AND
SUSPENSION

54. The pay and allowances of an officer who is dismissed or removed from service cease from the date of such dismissal or removal.

55. #An officer under suspension or deemed to have been placed under suspension by an order of the appointing authority is entitled to the following payments:

** [Deleted]

Subsistence allowance at an amount equal to *the leave salary which the officer would have drawn had he been on leave on half-pay on the date of suspension; but the benefit of any increase in pay due to increment falling due during the period of suspension will not be admissible during the period.

🆀The benefit of any increase in pay due to increment falling due during the period of suspension will be __________ during the period

A:-Admissible
B:-As per the discretion of D.D.O
C:-Inadmissible

D:-None of the above

🆀 An officer who is placed under suspension is paid a subsistence allowance equal to the leave salary and leave of ________ on the date of suspension.
A:-Earned leave
B:-Casual leave
C:-Commuted leave
D:-Half pay leave
Correct Answer:- Option-D Half pay leave

🆀If an officer is under suspension the benefit of an increment which falls due during the period under suspension:

(a) Will be admissible during suspension period

(b) Will not be admissible during suspension period

(d) None of the these

In addition, he may be granted to such extent and subject to such conditions as the authority ordering his suspension may direct

(i) Dearness allowance and Dearness pay not exceeding the amount admissible as such had he been on leave on leave salary equal to the rate of subsistence allowance payable from time to time.

(ii) Any other compensatory allowance of which he was in receipt on the date of suspension.

Note 1.-If an officer under suspension is dismissed with retrospective effect no recovery is necessary of the subsistence grant already paid to him.

Note 2.-(a)

Deductions shall be made from the subsistence allowance on account of the following :-

(i) Income Tax and Super Tax (provided the employees annual income calculated with reference to subsistence allowance is taxable).
(ii) House rent and allied charges i.e., electricity, water, furniture etc.

(iii)Repayment of loans and advances, taken from Government at such rates as the Head of the Department deems appropriate.
(iv) *Amounts due to Co-operative Stores and Co-operative Credit Societies.
(v) **Subscription to the Family Benefit Scheme, if the officer is a subscriber to the scheme.
(vi) #Subscription to the Group Insurance Scheme, if the officer is a subscriber to the scheme.

🆀From among the following which is compulsory deduction from subsistence allowance

A:-Court attachment
B:-Premium due to SLI
C:-Recovery of loss sustained to Government

D:-Recoveries due to co-operative societies

Correct Answer:- Option-D:-Recoveries due to co-operative societies

🆀Which of the following is a compulsory deduction from Subsistence Allowance?

A:-Subscription to GPF
B:-Court attachments
C:-House rent and allied charges

D:-All the above

Correct Answer:- Option-C:-House rent and allied charges

🆀Which of the following can be compulsorily recovered from subsistence allowance?
A:-Court attachments
B:-SLI premium
C:-Refund of advance from GPF
D:-Group insurance subscription
Correct Answer:- Option-
D:-Group insurance subscription

🆀An officer under suspension is entitled for subsistence allowance. Which one is compulsory deductible from subsistence allowance?
A:-Income tax
B:-Subscription to GPF
C:-Postal Life Insurance
D:-State Life Insurance
Correct Answer:- Option-A:-Income tax

(b) Deduction on account of the following shall be optional:

(i) Premia due on Postal Life Insurance Policies and State Life Insurance Policies-Official Branch.
(ii) Refund of advances taken from General Provident Fund.

The written consent of the officer should be obtained in the case of these optional deductions.

🆀Which of the following is not a compulsory deduction from Subsistence Allowance?

A:-Group Insurance subscription
B:-F.B.S. subscription
C:-S.L.I. premium

D:-All the above

Correct Answer:- Option-C:-S.L.I. premium

🆀Optional deductions from Subsistence Allowance include:
(A) Subscription to Family Benefit Scheme
(B) Subscription to G.P.F.
(C) Premia due on Postal Life Insurance Policies
(D) Recovery of loss to Government

Correct Answer- Option: (C) Premia due on Postal Life Insurance Policies

🆀An officer under suspension or deemed to have been placed under suspension by an order of the appointing authority is entitled to get subsistence Allowance one of the following shall be an optional deduction from subsistence allowance
A:-Electricity and water charges along with House Rent
B:-Subscriptions to family benefit schemes
C:-Refund of advances taken from GPF
D:-Both (1) and (2) above
Correct Answer:- Option-C:-Refund of advances taken from GPF

(c). Deductions of the following nature should not be made from the subsistence allowance:

(i)Subscription to a General Provident Fund.
(ii) Amount due to Court attachments.
(iii) Recovery of loss to Government for which an officer is responsible.

🆀Which of the following is not to be deducted from the subsistence allowance?

A:-Amount due to court attachments
B:-Income tax and Super tax
C:-Amounts due to cooperative credit societies

D:-Subscriptions due to Group Insurance

Correct Answer:- Option-A:-Amount due to court attachments

🆀 Deductions like - shall not be made from subsistence allowance.
A:-Income tax
B:-G.P.F.
C:-H.R.A
D:-Court attachment
Correct Answer:- Option-D Court attachment

(d) As regards recovery of overpayments, there is no bar to effect the same from the subsistence allowance, but such recoveries of overpayments should not ordinarily be made at a rate greater than one-third of the amount of the subsistence allowance i.e., exclusive of dearness allowance if any, admissible to him.

Note 3.-No payment under the rules shall be made unless the officer furnishes a certificate that he is not engaged in any other employment, business, profession or vocation. In the case of non-gazetted officers, the certificate signed by the officer should be countersigned by a gazetted officer, in token of acceptance. It should then be attached to the bill in which subsistence allowance for the period covered by the certificate is claimed. In the case of gazetted officers payment of subsistence allowance will be authorised by the Accountant General on the basis of the sanction issued by the competent authority and the Treasury Officer will pay the allowance only if a similar countersigned certificate is attached to the bill claiming it.

🆀In the case of Gazetted officers payment of subsistence allowance will be authorised by the _____________ on the basis of the sanction issued by the competent authority

A:-Treasury officer
B:-Head of department
C:-Head of office

D:-A.G

Correct Answer:- Option-D:-A.G

Note 3A.-*Compensatory allowance under clause (ii) above may be granted provided the officer certifies that for the period for which the allowance is claimed, he continued to incur the whole or a considerable part of the expense to meet which the allowance was granted. The maximum period for which the compensatory allowance may be paid shall be limited to *180 days.

🆀While an officer was enjoying subsistence allowance, how long his actual HRA and CCA can be allowed

A:-Till his suspension withdrawn
B:-180 days
C:-120 days

D:-Either 3 months from the date of suspension or reinstate for duty whichever is earlier

Correct Answer:- Option-B:-180 days

🆀The maximum period up to which H.R.A is admissible to an employee under suspension is
A:-300
B:-180 days
C:-160 days
D:-240 days
Correct Answer:- Option-B

Note 4.-In the case of an officer under suspension before 27th July 1962 recovery of House Construction Advance shall be limited to 1/3 of the subsistence allowance or the usual rate of monthly instalment whichever is lower. No penal interest shall be levied on the defaulted portion of the instalment.

55A. **[Deleted]

55B. (i) #Notwithstanding any thing contained in Rule 55, when an officer is placed under suspension while on leave without allowances, he shall not be eligible for any subsistence allowance during the period of the leave. On the expiry of the leave if he continues to be on suspension, he shall be entitled to the subsistence allowance. If he is reinstated before the expiry of the leave, he shall continue to be on leave till its expiry, unless the officer other wise desires.

🆀When an officer is placed on suspension while on leave, which of the following statement is not true?
A:-He is not eligible for any subsistence allowance during leave without allowance
B:-The order of suspension shall have the effect of cancelling the leave, if the leave taken is with allowance
C:-When the officer is reinstated before the expiry of leave without allowance, he shall continue to be on leave till the expiry, unless the
officer otherwise desires
D:-He is entitled to subsistence allowance for the whole period of suspension, even the leave taken is leave without allowance
Correct Answer:- Option-D:-He is entitled to subsistence allowance for the whole period of suspension, even the leave taken is leave without allowance

(ii) In the case of an Officer on leave with allowances, the orders of suspension shall have the effect of cancelling the leave for the period of suspension. He shall be entitled to subsistence allowance.

🆀When an officer is placed under suspension while on leave without allowance?

A:-Will be eligible for subsistence allowance
B:-Leave will not be cancelled but subsistence allowance will be paid
C:-The suspension will have the effect of cancelling the leave from the data of suspension

D:-Leave will not be cancelled and will not eligible for subsistence allowance

Correct Answer:- Option-D:-Leave will not be cancelled and will not eligible for subsistence allowance

56. (1) When an officer who has been dismissed, removed or compulsorily retired including an officer who has been compulsorily retired under Rule 60A, 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 reinstatement shall consider and make a specific order-

(a) regarding the pay and allowances to be paid to the officer for the period of his absence from duty including the period of suspension preceding his dismissal, removal, or compulsory retirement, as the case may be,

(b) whether or not the said period shall be treated as a period spent on duty, and

(c) in the case of an officer who was compulsorily retired under Rule 60A and subsequently reinstated, for the recovery of the relevant benefits, if any, already paid to him.

(2) Where the authority competent to order reinstatement is of opinion that the officer who had been dismissed, removed or compulsorily retired, has been fully exonerated, the officer shall, subject to the provisions of sub-rule (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:

🆀An Officer under suspension was fully exonerated. Then, the period of suspension is treated as

A:-duty
B:-suspension
C:-eligible leave

D:-none of the above

Correct Answer:- Option-A:-duty

Provided that where such authority is of opinion that the termination of the proceedings instituted against the officer had been delayed for reasons directly attributable to the officer, it may, after giving him an opportunity to make his representation and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the officer shall subject to the provisions of sub-rule (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-rule (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) In cases other than those covered by sub-rule (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 311 of the Constitution and no further enquiry is proposed to be held, the officer shall, subject to the provisions of sub-rules (6) and (7) be paid such amount (not being the whole) of the 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, as the competent authority may determine, after giving notice to the officer of the quantum proposed and after considering the representation, if any, submitted by him in that connection within such period as may be specified in the notice:

🆀An officer remained out of service for a period of 5 years and one month consequent on orders of suspension and dismissal. He was acquitted to charges by the Appellate Authority and the period was ordered to be treated as Leave without allowances. Who is the authority to sanction LWA in this case?
A:-Competent Authority, since Government sanction is not required in this case
B:-Government, since the period exceeds 5 years
C:-5 years by Government and the rest by competent authority
D:-None of the above
Correct Answer:- Option-A:-Competent Authority, since Government sanction is not required in this case

Provided that except in the case of such officers as are governed by the provisions of the Payment of Wages Act, 1936 (Central Act 4 of 1936), any payment under this sub-rule shall be restricted to a period of three years immediately preceding reinstatement or retirement on superannuation, as the case may be.

(5) In a case falling under sub-rule (4), the period of absence 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 competent authority specifically directs that it shall be so treated for any specified purpose:

Provided that if the officer so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall be converted into leave of any kind due and admissible to the officer.

Note 1.-The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of -

(a) Leave without allowances in excess of three months in the case of a temporary officer; and

(b) Leave of any kind in excess of five years in the case of a permanent officer.

*Note 2.-The leave of any kind due and admissible referred to in the proviso shall include commuted leave also.

(6) The payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to all other conditions under which such allowances are admissible.

(7) The amount (not being the whole) of such pay and allowances determined under the provision to sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under Rule 55.

(8) Any payment made under this rule to an officer 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 emoluments admissible under this rule are equal to or less than the amounts earned during the employment elsewhere, nothing shall be paid to the officer.

56A.(1) Where the dismissal, removal or compulsory retirement of an officer is set aside by a Court of Law and such officer is reinstated without holding any further inquiry the period of absence from duty shall be regularised and the officer shall be paid pay and allowances in accordance with the provisions of sub-rule (2) or sub-rule (3) subject to the directions, if any, of the court.

(2) Where the dismissal, removal or compulsory retirement of an officer is set aside by the court solely on the ground of non-compliance with the requirements of clause (2) of Article 311 of the Constitution, and where he is not exonerated on merits, the pay and allowances to be paid to the officer for the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be determined by the competent authority and the said period shall be regularised, in accordance with the provisions contained in sub-rule (4), (5) and (7) of Rule 56.

(3) If the dismissal, removal or compulsory retirement of an officer is set aside by the court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be treated as duty for all purposes and he shall be paid the full pay and allowances for the period, in 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.

(4) The payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to all other conditions under which such allowances are admissible.

(5) Any payment made under this rule to an officer 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 dismissal, removal or compulsory retirement and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than those earned during the employment elsewhere, nothing shall be paid to the officer.

56B.(1) When an officer who has been suspended is reinstated or would have been so reinstated but for his retirement on superannuation while under suspension, or has retired from service on superannuation before the conclusion of the disciplinary proceedings against him the authority competent to order reinstatement shall consider and make a specific order.

(a) regarding the pay and allowances to be paid to the officer 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.

(2) Notwithstanding anything contained in Rule 55, where an officer 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.

If an officer under suspension dies before completion of disciplinary proceedings against him, the period of suspension can be treated as
A:-Eligible leave
B:-Duty for all purposes
C:-Leave without allowances
D:-None of the above
Correct Answer:- Option-Duty for all purposes

(3) Where the authority competent to order reinstatement is of the opinion that the suspension was wholly unjustified, the officer shall, subject to the provisions of sub-rule (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 proceedings instituted against the officer had been delayed owing to reasons directly attributable to the officer, it may after giving him an opportunity to make his representation and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the officer 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-rule (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-rules (2) and (3), the officer shall subject to the provisions of sub-rules (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 competent authority may determine, after giving notice to the officer of the quantum proposed and after considering the representation, if any, submitted by him in connection within such period as may be specified in the notice.

(6) Where suspension is revoked pending finalisation of the disciplinary or court proceedings, any order passed under sub-rule (1) before the conclusion of the proceedings against the officer shall be reviewed on its own motion after the conclusion of the proceedings by the authority mentioned in sub-rule (1) who shall make an order according to the provisions of sub-rule (3) or sub-rule ( 5), as the case may be.

(7) In a case falling under sub-rule (5), the period of suspension shall not be treated as a period spent on duty unless the competent authority specifically directs that it shall be so treated for any specified purpose:

Provided that if the officer so desires, such authority may order that the period of suspension shall be converted into leave of any kind due and admissible to the officer.

Note 1.-The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of-

(a) leave without allowances in excess of three months in the case of a temporary officer, and

(b) leave of any kind in excess of five years in the case of a permanent officer.

Note 2.-*The leave of any kind due and admissible referred to in the proviso shall include commuted leave also.

(8) The payment of allowances under sub-rule (2), sub-rule (3) or sub-rule (5) shall be subject to all other conditions under which such allowances are admissible.

(9) **The amount (not being the whole) of such pay and allowances determined under the proviso to sub-rule (3) or under sub-rule (5) shall not be less than the subsistence allowance and other allowances admissible under Rule 55.

Note 1.-The amount of subsistence allowance already drawn should be adjusted against the pay and allowances or proportion of them granted under Rules 56, 56A or 56B or leave salary which may be granted to the officer.

Note 2.-The orders of revocation of suspension or of reinstatement after dismissal, removal or compulsory retirement from service take effect from the date of the order and the intervening period, i.e., the period from the date of order to the date of joining duty shall be regularised by granting joining time and/or leave due and admissible to the officer concerned. However, cases where there is an abnormal time-lag between the date of such order and the date on which the officer concerned reports for duty shall be decided by Government, on merits.

Note 3.-†When a period of suspension is ordered to be converted into leave, the amount of subsistence allowance and compensatory allowances already received in excess of the leave salary and allowances admissible on such conversion, shall be refunded. *However, no refund of subsistence allowance shall be necessary, where the suspension ordered on or after 24th August, 2007, is converted into leave without allowances for want of sufficient number of leave with allowances to the credit of the Officer concerned.

🆀On regularisation of the period of suspension as Leave, the subsistence allowance already paid in excess of the leave salary admissible

A:-shall be recovered
B:-shall not be recovered
C:-it is the discretion of the authority regularising the suspension period

D:-none of the above

Correct Answer:- Option-B

Effective from 10th July 1981.

Note 3A.-**If the officer is a subscriber to the Family Benefit Scheme who has received the payment due under the scheme and desires to avail himself of the benefit of the scheme, he shall refund the entire amount received. In addition, he shall also make the contribution for the period of service from the date of dismissal, removal or compulsory retirement to the date of reinstatement, in case the period is ordered to be counted as duty for all purposes including pay and allowances. In cases however where the period is ordered to be treated as eligible leave, the subscriber need make his contribution only for period of eligible leave for which he is entitled to get full or half pay.

Note 4.-A permanent post vacated by the dismissal, removal, compulsory retirement or reduction of a Government servant to a lower service, grade or post or to a lower time-scale should not be filled substantively until the expiry of the period of one year from the date of such dismissal, removal, compulsory retirement or reduction, as the case may be. Where on the expiry of the period of one year, the permanent post is filled and the original incumbent of the post is reinstated thereafter, he should be accommodated against any post which may be substantively vacant in the grade to which his previous substantive post, belonged. If there is no such vacant post, he should be accommodated against a supernumerary post which should be created in this grade with proper sanction and with the stipulation that it would be terminated on the occurrence of the first substantive vacancy in that grade.

Note 5.- If an officer under suspension is dismissed *or removed with retrospective effect from the date of suspension, no recovery should be made of the subsistence allowance already paid to him, and arrears of subsistence allowance, if any, due to him upto the date of the order dismissing *or removing him should be paid to him. The arrears of subsistence allowance due to the officer should not be adjusted against any amounts due from him to Government.

🆀If an officer under suspension is dismissed with retrospective effect from the date of suspension __________ recovery should be made for the subsistence allowance already paid to him.
A:-Recovery
B:-Non recovery
C:-50%
D:-75%
Correct Answer:- Option-B:-Non recovery

Note 6.-If an officer under suspension is compulsorily retired with retrospective effect from the date of suspension, the pension due to the officer from the date of such retirement to the date of the order compulsorily retiring him shall be with held if the rate of pension is lower than or equal to the rate of subsistence allowance granted to him. In case the pension happens to be higher than the subsistence allowance granted the difference shall be paid to the officer. (Note 6 shall be deemed to have come into force with effect from 22nd August 1960).

Government Decision

*The term ‘Pension’ used in Note 6 does not include death-cum-retirement gratuity.

Effective from 22nd August 1960.

Ruling No. 1

**Notwithstanding the provision contained in clause (4), an officer who is reinstated under clause (1) and who would have been eligible for promotion to a higher post during the period of suspension but for the suspension will be entitled to the pay and allowances of the higher post only from the date on which he assumes charge of that post.

Ruling No. 2

# It is not necessary to create an additional post to draw the pay and allowances of an officer who has been placed under suspension and is reinstated in service, treating the period of absence as duty.

57. †An officer who is detained in custody, whether on a criminal charge, or otherwise, for a period exceeding forty-eight hours, or is undergoing imprisonment, shall be deemed to be under suspension with effect from the date of commencement of the detention or imprisonment, as the case may be, and shall not be allowed to draw any pay and allowances during such period of suspension other than any subsistence allowance and other allowances that may be granted in accordance with Rule 55, until he is reinstated in service. An adjustment of his pay and allowances for such periods should thereafter be made according to the circumstances of the case, the full amount being given only in the event of the officer being acquitted of blame or (if the proceedings taken against him were for his arrest for debt) of its being provided that the officer’s liability arose from circumstances beyond his control.

🆀An officer who is detained in custody, whether on a criminal charge or otherwise exceeding ________ hours shall be deemed to be under suspension

A:-2 days
B:-24
C:-3 days

D:-48

Correct Answer:- Option-D:-48

58. *An officer against whom a criminal charge or a proceeding for arrest for debt is pending in a court of law should also be placed under suspension by the issue of specific orders to this effect during periods when he is not actually detained in custody or imprisoned (e.g., whilst released on bail) if the charge made or proceeding taken against him is connected with his position as an officer or is likely to embarrass him in the discharge of his duties as such or involves moral turpitude unless there are exceptional reasons for not adopting this course. In regard to his pay and allowances the provisions of the rule above shall apply.

59. Leave may not be granted to an officer under suspension.

🆀Leave may not be granted to an officer under suspension. The rule is :

A:-Rule 55, Part 1 KSR
B:-Rule 57, Part 1 KSR
C:-Rule 59, Part 1 KSR

D:-Rule 56, Part 1 KSR

Correct Answer:- Option-C:-Rule 59, Part 1 KSR

KERALA SERVICE RULES: CHAPTER VII -DISMISSAL, REMOVAL AND SUSPENSION

DISMISSAL,
REMOVAL AND
SUSPENSION

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