Madras HC suggests amendment to TN Payment of Subsistence Act

The Madras High Court today suggested changes to an Act related to payment of subsistence allowance to suspended government employees, noting that those facing disciplinary action stalled inquiry proceedings till their retirement taking advantage of the existing provisions.

The direction was given by Justice S Vaidyanathan of the Madurai bench while disposing of a petition by a deputy block development officer, R Arivanandham, seeking permission to retire and quashing of the suspension order as the proceedings were pending for a long time.

The judge said that in older days an employee who was placed under suspension used to feel that he or she was humiliated as getting suspension order was a shame.

Now, employees feel that it was a great pleasure to get a suspension order and that they could commit any offense and thereafter obtain subsistence allowance by stalling the inquiry proceedings till the age of retirement, he observed.

He suggested amendments to the Tamil Nadu Payment of Subsistence Allowance Act in such a way that the suspended employee should be paid 75 percent of the salary as a subsistence allowance for the initial six months of suspension.

Further, he said if the inquiry was not completed in six months the allowance should be reduced to 50 percent and if the probe was not completed, then it should be reduced to 25 percent.

The block development officer was suspended on the date of his retirement earlier this year as he was found in possession of unaccounted money.

The judge said that presently the Act was clear that for whatsoever reason the inquiry cannot be completed within six months, the payment of subsistence allowance can be reduced to 50 percent.

Justice Vaidyanathan directed the officials to finish all proceedings against the suspended government employee within seven days and file a report.

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