Undertrial Workman in Custody: Is Subsistence Allowance Still Payable?

Subsistence Allowance for Undertrial Workman

If a criminal case is pursued against a workman and he is kept in prison as an undertrial, is subsistence allowance payable or not? The rules specify that he is under deemed suspension if he is kept in custody for more than 48 hours.

Regards,
Ravi

Subsistence Allowance and Legal Proceedings

Subsistence allowance is payable until the completion of the case in the honorable court of law.

Dear Professional, Who is pursuing the criminal case? If it is the employer, the opinion of Jiten Sharma holds very true because two different acts are involved: the CrPC and standing orders. Both have different jurisdictions, i.e., they cover different matters. However, if the criminal case is being pursued by another person other than the employer, then another remedy is available. Please clarify.

Regards

Suspension and Subsistence Allowance Guidelines

In your query, the details are not available. As per the normal procedure:

A person shall be deemed to have been placed under suspension by an order of the appointing authority:

(a) with effect from the date of their detention if they are detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;

(b) with effect from the date of their conviction if, in the event of a conviction for an offense, they are sentenced to a term of imprisonment exceeding forty-eight hours and are not immediately dismissed, removed, or compulsorily retired consequent to such conviction.

A suspended employee will not lose employment until they are convicted by the court of law or terminated or dismissed from service. Until the completion of the case, they are eligible for subsistence allowance. However, it also depends on the decision of the appointing or disciplinary authority regarding the release of subsistence allowance during the period of suspension because the appointing authority can stop the payment of subsistence allowance if any charge sheet has been drawn by the police authority against the employee.

If a criminal case is pursued against a workman and they are kept in prison as an undertrial, in such a case, whether subsistence allowance is payable or not is determined by the rules that specify they are deemed suspended if kept for more than 48 hours in custody.

Regards,
Ravi

Thank you for your input. However, what I have come to know is that nowadays PSUs are finding novel ways to deal with such situations. This is because if the employee is found guilty by the court, then he will be terminated subsequently. Now, what happens to the Subsistence Allowance paid during this period - it would have to be written off.

Dear Sunil Sadar, could you please provide further information on the points you have raised?

Warm regards.

The suspension from duty will arise if the rules provide for it. If there is no rule, then if the detention is for an offense arising during the employment, disciplinary action can be taken. If not, no action can be taken except when he is convicted by a Court of Law. In the private sector, the employee in such cases hangs in limbo.

Regards,
Rajan Associates

Dear, when a person is placed under suspension, the management is required to pay the subsistence allowance as per the standing orders or the Subsistence Allowance Act, as applicable. However, in the case of undertrial prisoners serving a long term, the management may proceed with action for absence from duty by sending communication to the individual's last known address and terminating their service. Subsequently, no subsistence allowance needs to be paid. If the employee challenges their termination, the management will have a strong defense for the decision to terminate their services.

I agree with your opinion. With cases stretching for years, what you have stated is indeed a rational outcome, especially in cases where the person is convicted.

Warm regards.