Employee Leave During Inquiry Suspension: Are They Eligible for Subsistence Allowance?

Let me know, please: Can an employee take leave during the pending inquiry suspension? If yes, is he eligible to get a subsistence allowance?

Thank you.

I am quite unable to understand the context in which you've raised this query. The term "Leave" in employment parlance would mean the leave of absence for an employee to be away from work/the place of work due to certain personal reasons. A suspended employee is already away from both his work and place of work. In such a situation, how would the necessity for taking leave arise? If there is a condition in the suspension orders that the suspended employee should not move out of the headquarters during the entire period of suspension without prior permission, for any personal reason for moving out of the headquarters, he can apply for permission. If the enquiry date coincides with such an occasion, he can seek adjournment. So, the question of taking leave by a suspended employee does not arise at all.

Dear Satish,

I agree with the opinion provided by Mr. Umakanthan on the above subject matter. You need to refer to your standing order to see what provisions are made thereunder when someone is put under suspension. The workman can seek the consent of management for permission to leave and also request not to schedule any hearings or inquiry proceedings during the period of absence.

Dear colleague,

Your query is misconceived. As per Standing Orders, you are paid a subsistence allowance at applicable rates during the period of your suspension pending inquiry. If you remain absent without any permission or prior intimation on the scheduled dates of the inquiry, you are liable for pro-rata reduction in the subsistence allowance.

Regards,
Vinayak Nagarkar
HR Consultant

In certain Certified Standing Orders, there is a provision that the suspended employee has to report at the gate every day. In case of non-reporting, the employee is treated as absent, and no subsistence allowance is paid (this provision exists in my company).

In such cases, when an employee has to proceed outstation and is unable to mark their attendance at the gate, they apply for leave/permission to leave the station. This request is considered and decided upon. Action is taken if the employee fails to report at the gate, treating it as unauthorized absence in such cases.

A suspended employee is not entitled to leave; there is a decided case (refer to GB Singh's Book on Suspension).