Subsistance Allowance - Criminal Case

Dear all
If a criminal case is pursued against a workman and he is kept in prison as undertrail. In such case whether subisistance allowance is payable or not payble. (Rules specify that he under deemed suspension if he is kept for more than 48 hrs in custody)
regards
ravi

Subsistance allowance is payable till completion of the case in the honurable court of law

Dear Professional,
who is persuing the criminal case. If it is Employer, The opinion of Jiten Sharma hold very true. Because two different acts are involved. A CrPc and standing orders. Both have diffeent juridictions i.e. both covers different matters. But,m if the criinal case is being persued by other person other employer then another remdy is avaibale. pl. clarify.
regards

Dear, In your query the details are not available, As per normal procedure :---
A person shall be deemed to have been placed under suspension by an order of appointing authority -
(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;
(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

As suspended employee will not lose employment until he is convicted by the court of law or terminated or dismissed from serviceand till completion of your case you are eligible for subsistance allowance.But in other hand

It also depends on the decision of the appointing or disciplinary aythority ragarding the release of Subsistance Allowance during the period of suspension, because the appointing authority can stop the payment of subsistance Allowance if any Charge Sheet has been drawn by the Police Authority against the employee.

Dear Jiten
Thanks for your input.
However, what I have come to know is that now-a-days PSU's are finding out novel ways to deal with such situations.
This is because in case the employee is found guilty by the Court, then he will be terminated subsequent to this. Now, what happens to the Subsistencs Allowance paid during this period - it would have to be written off.
Dear Sunil Sadar
Could you please supplement on the information which you have pointed at.
Warm regards.

Dear
The Suspension from Duty will arise if the rules provide for it.If there is no rule then if the detention is for an offence arising during the employment then disciplinary action can be taken.If not no action can be taken excepting when he is convicted by a Court of Law.In the private Sector the Employee in such cases hangs in a limbo.
rajanassociates

Dear,
When once a person is deemed under suspension,the management has to pay the subsistence allowance as per standing orders or the sbsistence allowance act as the case may be.But in the case of undertrial prisoners for a long term the management may take action for absent from duty,by sending communication to his last address and terminate his service.Thereafter no subsistence allowance need be paid. If the employee challeges his termination,the management will have good defence for terminating his services.

Dear halsburyslaw
Welcome to CiteHR.com !!!
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.