Clarification regarding grant of Travelling Allowance, etc., to various persons during disciplinary proceedings
EPFO, HEAD OFFICE
MINISTRY OF LABOUR & EMPLOYMENT
GOVERNMENT OF INDIA
14, BHIKAJI CAMA PLACE, NEW DELHI 110066
FileNo:LC-4(Legalopinion )2019/vol-iii/E-FileNo.12943/11574
Dated: 19.10.2022
To,
All Addl. CPFCs in charge of Zones & PDNASS
All RPFCs in charge of ROs, NDC, ZTIs
Subject: Clarification regarding grant of Travelling Allowance, etc., to various persons during disciplinary proceedings
Sir/Madam
Kind reference is invited to the captioned subject. This office is receipt of various references seeking clarification regarding grant of Travelling Allowance, etc., to various persons during disciplinary proceedings
2. In this regard, it would be relevant to refer to Rule 28 of EPF (CCA) Rules 1972 (inserted vide Gazette notification No. P.IV/2(6)84/CCA/Vol.II dated 18th May 2005), namely:-
“28. Saving Clause: Government of India Department of Personnel & Training s instructions/ clarifications issued from time to time with regard to CCS(CCA) Rules 1965 shall also apply to the employees of Central Board mutatis mutandis so far as these rules relate to and are not inconsistent with any of the provisions of EPF Staff (CC&A) Rules, 1971.”
3. Chapter 15 of Swamy’s compilation of CCS (CCA) Rules contains orders regarding grant of Travelling Allowances, etc. to various persons during disciplinary proceedings. The same are reproduced below for easy referencing. In case of any typographical or any error the original instructions as issued would prevail.
A. Serving Employees/Employees under Suspension
(1) Journeys undertaken for appearing before Police/in Court-
(3) Government servant under suspension attending departmental enquiry.
(4) Payment of advance of T.A. for an official under suspension.-
(5) T.A. for delinquent for perusal of documents
The provisions for the above are provided in Order (5) of Chapter 4, reproduced as under:-
Travelling Allowance entitlement.- (1) For appearing before Police and Court.-
The Government of India have had under consideration the question whether, and if so at what rates travelling allowance should be allowed to Government servants in the following two types of cases:
(i) Where a Government servant, whether he is under suspension or not, performs journeys to attend Pol ice I Special Police Establishment enquiry m connection with a case in which he is suspected to be involved.
(ii) Where a Government servant undertakes journeys during suspension for appearing in a Comt of Law, as an accused, and is later on acquitted by the Court and reinstated in service or would have been reinstated in service but for death or his having attained the age of compulsory retirement or being allowed to retire voluntarily.
As regards cases of the first type it has been decided that travelling allowance as for a journey on tour may be allowed to a Government servant for such journeys provided that they are performed under the direction of, or with the approval of the Head of Office in which he is for the time being employed, or was employed before suspension.
As regards cases of the second type, it is observed that travelling expenses in respect of these journeys cannot form part of the claims for reimbursement of costs to be considered by the Union Public Service Commission under Article 320 (3) (d) of the Constitution. In view of this it has been decided that in respect of these journeys, travelling allowance as for a journey on tour, based on the grade to which the Government servant belonged before suspension may be reimbursed by the Administrative Ministry concerned, provided the legal expenses, incurred by him in defending such proceedings are reimbursed to him, in full or in part, under the aforesaid Article of the Constitution. In cases where the journeys were performed by Government servant by rail/steamer in a· class lower than the class to which he was entitled before suspension, the fares of the class actually used, in addition to his other entitlements of travelling allowance as on tour, may be paid to him.
[GI., M.F., O.M. No. 5 (13) IV/59, dated the 28th February, 1959, as modified by O.M. of even number, dated the 22nd July, 1960.]
(2) For journeys for perusal of documents.- It has been decided that TA as for a journey on tour including daily allowance for halts (restricted to maximum of three days only) may be allowed to the Government servants,
Whether on duty or on leave under suspension, for the journeys undertaken by them to the stations where the official records are made available. The T.A. will be allowed from the headquarters of the Government servant or from any other places where the Government servant may be spending his leave or where the suspended officer has been permitted on his own request to reside, but not exceeding what would be admissible had the journey been undertaken from the headquarters of the Government servant. The grant of the travelling allowance will be subject to the following further conditions:
(i) the inquiring officer certifies that the official records to be consulted are relevant and essential for the preparation of the defence statement;
(ii) the competent authority certifies that the original records could not be sent to the headquarters station of the Government servant or the bulk of the documents rules out the possibility of copies being made out, and sent; and
(iii) the Head of Office under whose administrative control the Government servant is, certifies that the journey was performed with his approval. It has also been decided that, in the case of officers not under suspension at the time of undertaking of the journey the period spent in transit to and fro and the minimum period of stay required at the place where official records are made available for perusal should be treated as duty or leave, according as the officer is on duty or on leave at that time. In case of officers under suspension who are subsequently reinstated in service, the period will be treated as duty, leave or otherwise in accordance with the orders passed by the competent authority.
[GL, M.F., O.M. No. F. 5 (79)-Estt. IV/59, dated the 20th October, 1959 and O.M. No. 19011/1/86-E. IV, dated the 1st April, 1987.]
(3) Grade for travelling allowance.- A Government servant’s travelling allowance will be regulated by the grade to which he belonged prior to is suspension.
[Note below Supplementary Rule 153-A. ]
(4) For attending departmental enquiry-A Government servant under suspension who is required to perform journey to attend the departmental enquiry may be allowed travelling allowance as for a journey on tour from his headquarters to the place where the departmental enquiry is held or from the place at which he has been permitted to reside during suspension to the place of enquiry, whichever is less. No travelling allowance will however, be admissible if the enquiry is held at the outstation at his own request. [Supplementary Rule 153-A.]
(5) T.A. when headquarters of a Government servant under suspension changed in public interest.- It has been decided that the competent authority can change the headquarters of a Government servant under suspension if this is in the interest of public service; and that the Travelling Allowance of the Government servant in such cases should be regulated by the grade to which he belonged prior to the suspension vide Note below SR 153-A [item (3) above.]
[GI., M.F., U.O. No. 2818-E, IV (B)/60, dated the 30th July, 1960 to the A.G, C.R.]
(6) Advance of T.A.- Central Government employees under suspension, who are required to attend an inquiry in connection with their suspension, outside their headquarters may be paid advance of daily allowance in addition to advance of actual fare. The advance of daily allowance would be restricted to allowance admissible for the period of journey plus daily allowance for one day at the station of inquiry. In case, however where the Inquiring Authority specifies the period for which presence of the Government servant is required , advance of daily allowance may be granted for such period.
[GL., M.F., O.M. No. 17 (2)-E. II (A)/85, dated the 28th August, 1985.]
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Source: www.epfindia.gov.in