Table of Contents

Dismissal, Removal and Suspension : Haryana Civil Services (General) Rules, 2016

The Haryana Civil Services (General) Rules, 2016 provide a framework for managing civil servants in Haryana. These rules detail the procedures for dismissal, removal, and suspension, ensuring that actions are taken fairly and justly. The rules emphasize thorough investigations and procedural safeguards to protect both government interests and civil servant rights, ensuring transparency and accountability in the disciplinary processes.

83. Subsistence Allowance During the Period of First Six Months

Suspension Entitlement: A Government employee under suspension is entitled to receive subsistence allowance.
Amount: This allowance is equivalent to the leave salary the employee would have received if they were on half pay leave.
Condition: The subsistence allowance cannot be denied unless the employee provides a certificate confirming that they are not engaged in any other employment, business, profession, or vocation during the suspension period.

84. Review of Subsistence Allowance After Every Six Months

Review Requirement: If the suspension period exceeds six months, the authority that issued the suspension order or is deemed to have done so must review the subsistence allowance.
Possible Adjustments:
- The subsistence allowance may be increased by up to fifty percent of the initial amount if the suspension period has been prolonged due to reasons not directly attributable to the employee.
- Conversely, it may be reduced by up to fifty percent if the suspension period extension is due to reasons directly attributable to the employee.
Review Process:
- The review must be conducted before the end of each six-month period.
- The authority must pass specific orders detailing the decision to increase, decrease, or maintain the subsistence allowance rate based on the circumstances of each case.

85. Allowances During Suspension

Compensatory Allowances: During suspension, the following compensatory allowances are admissible on top of the subsistence allowance:
- Dearness allowance based on the subsistence allowance amount.
- House rent allowance calculated on the emoluments drawn before suspension, according to the rates applicable at the employee’s headquarters.
- Hill compensatory allowance, if applicable at the headquarters.
- Fixed medical allowance, if opted for.
- Any other compensatory allowance or relief equal to what would be admissible while on half pay leave.

86. Certificate Before Payment of Subsistence Allowance

Requirement: No subsistence allowance payment can be made unless the suspended employee provides a certificate confirming that they are not engaged in any other employment, business, profession, or vocation.
Exception for Dismissed/Removed Employees: In cases where a Government employee has been dismissed, removed, or compulsorily retired and is deemed to be under suspension from the date of such action, they must produce this certificate. If unable to do so for any period, they are entitled to receive the difference between their earnings during that period and the amount of subsistence allowance and other allowances that would otherwise be due to them.

87. Pay and Allowances on Reinstatement After Suspension

Reinstatement Process: When a Government employee under suspension is reinstated, or would have been reinstated if not for retirement on superannuation:
- The authority responsible for reinstatement must issue a specific order regarding:
  - Pay and Allowances: Determining the pay and allowances to be paid for the period of absence due to suspension, dismissal, removal, or compulsory retirement, up to the reinstatement date or the date of retirement.
  - Treatment of Absence Period: Deciding whether the period of absence should be considered as a period spent on duty or non-duty.
Minimum Entitlement: The pay and allowances for this period cannot be less than the subsistence and other allowances that were admissible during the suspension period.
Non-Duty Treatment: If no specific order is issued regarding the period of absence, it will be treated as “non-duty.” In such cases, past service (service rendered before the suspension or other actions) will not be forfeited.

88. In Case Penalty of Dismissal, Removal, or Compulsory Retirement is Set Aside

Subsistence Allowance During Continued Suspension:
- If a penalty of dismissal, removal, or compulsory retirement imposed during suspension is later set aside due to:
  - Appeal or review resulting in remittance for further inquiry or action,
  - Court decision declaring the penalty void,
- The suspension order is deemed to have continued in force from the date of the original order of dismissal, removal, or retirement. The employee is entitled to subsistence allowance as per rules during this continued suspension period.
Pay and Allowance Upon Reinstatement:
- Upon reinstatement following the setting aside of a dismissal, removal, or compulsory retirement:
  - The authority responsible for reinstatement must determine:
    - Pay and Allowances: The amount to be paid for the period of absence due to suspension and subsequent actions.
    - Duty Status: Whether the absence period should be treated as duty or non-duty.
Conditions for Reinstatement Benefits:
- The pay and allowances must be calculated based on the specific circumstances and orders issued by the competent authority.
- If the absence period is treated as non-duty, the employee may not be entitled to certain benefits like back wages for the period of suspension, unless explicitly determined otherwise based on the outcome of any related legal proceedings.

89. Pay and Allowances in Case of Full Exoneration

Full Exoneration: When the competent authority determines that a Government employee has been fully exonerated, or in the case of suspension, that the suspension was wholly unjustified:
- The Government employee shall be entitled to receive full pay and allowances that would have been due to them if they had not been dismissed, removed, compulsorily retired, or suspended.
- Payment Conditions: The payment of allowances shall be subject to all conditions under which such allowances are normally admissible.
- Treatment of Absence: The period of absence from duty shall be treated as a period spent on duty for all purposes.
Notes to Consider:
- Note 1: The rule ensures that the law of limitation does not apply when paying arrears of pay and allowances from the date of dismissal, removal, compulsory retirement, or suspension to the date of reinstatement, as long as the reinstatement is in accordance with the rules of this chapter.
- Note 2: If a Government employee under suspension is acquitted by a court of law and the reinstatement order is issued after the date of acquittal, full pay and allowances shall be paid from the date of acquittal until the date of re-joining duty.

90. Pay and Allowances if Not Fully Exonerated

Partial Exoneration: When the competent authority determines that the Government employee has not been fully exonerated:
- The Government employee shall be entitled to such proportion of pay and allowances as determined by the competent authority.
- Payment Conditions: The payment of allowances shall be subject to all conditions under which such allowances are normally admissible.
- Treatment of Absence: Unless specifically directed otherwise by the competent authority, the period of absence from duty shall not be treated as a period spent on duty.
Notes to Consider:
- Note 1: If no specific order is issued to treat the period of absence as duty for any specified purpose, it shall be considered as “non-duty.” In such cases, past service (service rendered before dismissal, removal, compulsory retirement, or suspension) shall not be forfeited.
- Note 2: Except as specified under Note 2 below Rule 89, in all other cases of reinstatement after suspension, the date of reinstatement shall be considered as the date on which the Government employee assumes charge of their post. The period from the date of reinstatement order to the date of assumption of charge shall be treated as a period under suspension.

91. Conversion of Suspension Period as Leave of the Kind Due

Conversion Option: If the suspension period is not to be treated as duty by the competent authority, the Government employee concerned may choose to convert this period into leave of the kind due.
Employee Consent: The period of suspension cannot be converted into leave of the kind due without the consent of the Government employee.
Adjustment of Subsistence Allowance: If the suspension period is converted into leave of the kind due:
- Subsistence allowance already received during suspension shall be adjusted against the admissibility of leave salary.
- If the leave period includes extraordinary leave, the subsistence allowance paid for that period of extraordinary leave shall be recovered from the employee.
Authority of Conversion: The decision of the competent authority regarding the conversion of the suspension period into leave of the kind due is final, and no higher authority sanction is required for granting such leave or any extent of extraordinary leave.
Qualifying Service: The period of extraordinary leave resulting from the conversion of suspension period shall not count as qualifying service for any purpose, except if the suspension period was spent under medical treatment.

92. Certificate Before Payment of Arrears of Pay and Allowances

Earned Income Declaration: Before any arrears of pay and allowances are paid to a Government employee who earned income through any other employment, business, profession, or vocation during the period from dismissal/removal/compulsory retirement to reinstatement:
- The emoluments admissible under the rules of this chapter shall be compared with the earnings from other sources.
- If the emoluments admissible under the rules exceed those earned during other employment, the excess amount shall be reduced.
- If the emoluments admissible under the rules are equal to or less than those earned during other employment, no additional payment shall be made to the Government employee.

93. Creation of Supernumerary Post

Reinstatement Accommodation: Upon reinstatement of a Government employee who was dismissed, removed, or compulsorily retired:
- The employee shall be accommodated in any vacant post of the same or higher pay structure within the hierarchy to which they belonged.
- If no such vacant post is available, a supernumerary post shall be created by the Administrative Department with the concurrence of the Finance Department.
- The supernumerary post shall be abolished upon the occurrence of the first vacancy in that pay structure.

94. Suspension Period Spent Under Medical Treatment

Treatment During Suspension: If a Government employee under suspension spends time under medical treatment:
- The period shall be treated as spent under suspension, and the subsistence allowance as per the rules shall be provided for that period.
Upon Reinstatement: When reinstated, if the suspension period is converted into leave of the kind due:
- The period spent under medical treatment shall be treated as commuted leave or any other type of leave due based on medical certification.

95. Leave During Suspension and Filling of Vacancy

Leave Admissibility During Suspension:
- No leave of any kind is admissible to a Government employee who is under suspension.
- Refer to rule 25 of Haryana Civil Services (Leave) Rules, 2016 for further details.
Filling of Vacancy Caused by Suspension:
- When a vacancy arises due to the suspension of a Government employee:
  - It should be filled initially by a reservist, if one is available at that time.
  - If no reservist is available, an outsider may be appointed temporarily, but this appointment must be replaced by a reservist as soon as one becomes available.
  - If there is no provision for a reservist, the post may be filled by an officiating appointment within the department or organization.
- There is no requirement to create an additional post for this purpose.

96. Suspension in Case of Arrest or Detention

Suspension Conditions:
- A Government employee against whom proceedings have been initiated, either for arrest due to debt or on criminal charges, or who is detained under a law allowing preventive detention:
  - During the period of detention or imprisonment, the employee shall not receive any pay and allowances, except for subsistence allowance granted under the rules.
- Adjustment of allowances shall be made based on the circumstances:
  - Full allowances may be paid only if the employee is acquitted or if the detention is found to be unjustified by the competent authority.

97. Suspension in Case of Pending Criminal Charges

Discretionary Suspension:
- The competent authority has discretion to suspend a Government employee against whom criminal charges are pending under specific conditions:
  - The employee is not in custody or imprisoned.
  - The employee is detained but released on bail.
  - The employee is not detained due to anticipatory bail.
- Suspension may be considered if the charges are related to the employee’s position or involve moral turpitude that could impact their duties.
Automatic Suspension on Framing of Charges:
- If a criminal charge involving moral turpitude is framed by a court against a Government employee, suspension shall follow automatically.
Pay and Allowances During Suspension:
- Rules similar to those in rule 96 apply for cases of suspension due to pending criminal charges or arrest for debt.
- The employee shall not receive full pay and allowances during suspension, except for subsistence allowance as per the rules, until the conclusion of the proceedings or release from detention.

98. Deductions from Subsistence Allowance

Compulsory Deductions:

Income Tax:
- Income tax deductions are mandatory from the subsistence allowance of a Government employee under suspension.
Charges Relating to Government Residence:
- Deductions for:
  - Licence fee,
  - Water charges,
  - Electricity charges,
  - Other charges related to the occupation of Government residence, based on the basic pay drawn before suspension.
Recovery of Loans and Advances:
- Deductions for the recovery of loans and advances taken from the Government, at rates determined by the competent authority.
Group Insurance Scheme:
- Deductions related to the Group Insurance Scheme may also be made from the subsistence allowance.

Optional Deductions:

General Provident Fund (GPF):
- Subscription to the GPF and refund of advances taken thereof are optional deductions, which may be opted for by the employee.
Other Recoveries:
- Any other types of recoveries, beyond those listed under compulsory deductions, may be optionally deducted from the subsistence allowance.

Deductions Not to be Made:

Defined Contributory Pension Scheme:
- Subscription to the Defined Contributory Pension Scheme cannot be deducted from the subsistence allowance.
GPF Subscription (Unless Opted):
- Subscription to the General Provident Fund cannot be deducted unless the employee has opted for it.
Recovery of Loss to Government:
- Deductions for recovery of losses to the Government are not permitted from the subsistence allowance.
Recovery of Overpayments:
- Deductions for recovery of any overpayments made to the employee are not to be deducted from the subsistence allowance.
Attachment Orders:
- Deductions under attachment orders from a court of law cannot be made from the subsistence allowance.

99. Cessation of Pay and Allowances on Removal or Dismissal

When a Government employee is dismissed or removed from service:
- Their pay and allowances cease from the date of such dismissal or removal.
- This cessation is immediate upon the formal action of dismissal or removal taking effect.