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RKPATHAK
29-07-2011, 03:56 PM
An employee was placed under suspension and later terminated during April 2006.
What his enitlements are
Whether he will get the benefit of CPC arrrear
Is Gratuity and encashment of leave admissible.

sinha_audit
30-07-2011, 12:07 AM
An employee was placed under suspension and later terminated during April 2006.
What his enitlements are
Whether he will get the benefit of CPC arrrear
Is Gratuity and encashment of leave admissible.

1. CPC arrear would depend upon how the period of suspension is eventually treated by the competent authority. Distinct orders bearing components for (a) treatment of the period under suspension as duty or otherwise and (b) regarding pay and allowances admissible for the period concerned have to be passed by the competent authority after observing departmental proceedings. It is clear that the departmental proceedings have already culminated in the instant case as the person concerned is terminated from service.

2. Separate sanction of the competent authority is required for the gratuity admissible. Normally, gratuity is withheld (either a portion of it or full) only when determination of probable loss to Govt is pending where responsibility may be fixed on the employee concerned.

3. Encashment of leave admissible according to the last pay drawn.

Alok Sinha.

prasannakumar
30-07-2011, 07:38 PM
Sir,

I heard that even pension shall be 2/3rd of the eligible amount depending upon the magnitude of the offence. But I am not sure.

Prasanna Kumar