Your mother has not been convicted of any offence 

2) suspension of your mother appears to be unfair 

3) suspension is not a punishment in itself, but rather a temporary measure pending investigation or inquiry.

4) Suspension does not imply that the employee is guilty of the charges. 

5) Suspension is not termination, your mother will continue to get subsistence allowance during the period of suspension.

5) approach CAT to set aside suspension orher and seek interim stay 

Yes, you can challenge the suspension. If your mother has an unblemished 25-year record and is suspended just days before retirement based on a pending FIR, she can approach the High Court for a stay on suspension and request retirement benefits without delay. The court may consider it unjust, especially if no departmental inquiry or conviction exists. You can also submit a representation to her departmental higher authorities for urgent relief.

Tamil Nadu state government employee can be suspended 10 days before retirement due to a pending FIR in a matrimonial dispute, but it's not a straightforward situation.

 While there's no explicit rule preventing suspension close to retirement, the Madras High Court has emphasized that such actions should be taken reasonably and not as a mere formality. 

The employer needs to justify the suspension, considering the gravity of the misconduct and the evidence available. 

There isn't a specific rule in Tamil Nadu that prevents suspending an employee close to their retirement. 

The power to suspend can be exercised until the employee-employer relationship ends, which includes the last day of service. 

The Madras High Court has clarified that matrimonial disputes can be considered misconduct under the Tamil Nadu Government Servants' Conduct Rules, 1973.

This means that government departments can initiate disciplinary proceedings against employees for misconduct related to matrimonial disputes. 

The specific allegations in the FIR and the seriousness of the charges will be crucial. 

The employer needs to have some evidence to support the charges against the employee. 

While a suspension close to retirement is possible, it must be based on a valid reason related to the misconduct and supported by evidence. The employer needs to demonstrate that the suspension is necessary and not just a tactic to delay or deny retirement benefits. 

Your mother can approach the high court with a petition to revoke the suspension as well as to quash the FIR  and also a direction to state government to relieve her with full benefits on the date of her superannuation accordingly.

You may not get stay order immediately 

2) court may grant stay after hearing both parties 

3) A suspended employee on retirement is generally entitled to their pension and other retirement benefits, including gratuity and leave encashment, but these may be subject to certain conditions and procedures

4) While under suspension, an employee is entitled to a provisional pension equal to the maximum pension based on their qualifying service up to the date of suspension

5) you can meet senior officials but it is doubtful they would intervene 

1. You should not have doubts even before filing the suggested petition before high court, because it depends on the arguments, pleadings and the grounds put forth in your poetition and the discretion of the court to grant a stay or not, in most of the cases, if it is genuine the court may consider stay order.

2. Read the above answer.

3. The Madras High Court has clarified that matrimonial disputes can be considered misconduct under the Tamil Nadu Government Servants' Conduct Rules, 1973., hence you may wait for the disposal details of the case you propose to file.

4. The above answer is the reply to this question too.

5. No, you canot file any case against the officials of the office because they are not doing it individually, they follow the prescribed law for this purpose. Therefore they are considered to be doing their duty, you ca n challenge their orders in court of law.

6. Whether she is accepting the suspension order or not the suspension order has been issued by the authorities concerned hence the fact cannot be denied.

7. You can approach CAT for the relief against the procedural lapses whereas the situation is grave now hence you may better approach high court for an immediate and interim relief.

8. The higher officials will seek the opinion of the actual authorities who decided the action of suspension of the employee  after which they will not accept the request for the relief sought by the employee based on the recommendation by the officials concerned, however there is nothing wrong in approaching the higher official of the department to exhaust the remedies within 

Approach High Court of Madras or Coimbatore depending on your location. File petition for quash of FIR against all accused. You will get order to quash FIR against at least mother, that is MIL of complainant. Only after quash of FIR against mother  she will get all pensionary benefits. Even if order of quash is passed after 31st July, she will get pension as regular retiree. This not a service matter dispute, CAT have no jurisdiction to quash FIR.

yes he can be suspended only

If a government employee is arrested and detained for more than 48 hours, they can be placed under deemed suspension, according to the CCS (CCA) Rules, 1965.

First see whether the remedy against departmental proceeding lies in High Court or In CAT . 

Depending upon the Service Regulation the further legal recourse will lie.

Since 498A case has no connection with her service or if the same does not fall within the definition of ' misconduct' the suspension order is bad in law and it would be set aside as well , more so, if no Show cause or without any Memorandum of Charges such action was taken.

Since the suspension order itself is bad , the subsequent action would also be held bad in alw by the appropriate forum.

- Under the provision of the CCS (CCA) Rules, a government employee can be suspended if an FIR is pending against him 

- However, as per the Supreme Court , the suspension of a government employee cannot be extended beyond 3 months if no chargesheet is served within that period.

- Your mother can approach the High Court for quashing the FIR against her and to get the benefit of her retirement. 

I'm sorry to hear this happened so close to her retirement. Yes, you can approach the High Court urgently and seek a stay on the suspension, especially since her record is clean and she’s days away from retirement. The court may consider your plea sympathetically if you file early this week.

Yes, the pension and benefits may get delayed if a criminal case is pending, but this can also be challenged. CAT (Central Administrative Tribunal) is a legal forum, not just officials it handles such service disputes. You can send a representation to her higher officials too, but courts or CAT usually give stronger relief.

If there was no notice or explanation opportunity, you may also challenge the suspension for violating natural justice.

I'm sorry to hear about the difficult situation your family is facing. This is a complex legal issue, and I can provide some general information, but it is critical that you seek advice from a lawyer specializing in service law and criminal defense in India. They will be able to provide tailored advice based on the specifics of your mother's employment rules, the nature of the suspension order, and the status of the FIR.

Here's a general overview regarding your questions:

1. Is it possible to get a stay order for suspension and get retirement without any remarks in her office?

Your mother's situation involves a suspension order just 10 days before retirement, based on "public interest" and linked to a pending FIR (498A, DVC, MC cases), despite previous assurances that the FIR wouldn't affect her retirement. This is a serious development, and it directly impacts her retirement benefits and her service record.

Here's a breakdown of the possibilities:

A. Stay Order for Suspension and Retirement without Remarks:

1. Possibility of Stay Order:

   • Yes, it is possible to seek a stay order. The grounds for challenging a suspension order, especially one issued so close to retirement and without any prior disciplinary remarks, can be strong.

   • Grounds for Challenge:

     • Arbitrariness/Malafide: If the suspension appears to be arbitrary, issued with malafide intent, or without proper application of mind, it can be challenged. The timing (just before retirement) and the absence of prior remarks despite the FIR being old suggest this.

     • Lack of Justification: While a criminal case can be a ground for suspension, especially if it involves moral turpitude or affects public service, a mere FIR, particularly in a matrimonial dispute (498A cases are often seen in this light), might not always automatically warrant suspension, especially right before retirement, unless there's an immediate threat to the department's functioning or a clear risk of tampering with evidence within the department. The "public interest" ground needs to be genuinely justified.

     • Procedural Irregularities: Any deviation from the prescribed rules for suspension (e.g., lack of proper review, not stating clear reasons, competent authority not issuing the order) can be a ground for challenge.

     • Impact on Retirement Benefits: Suspension, especially at the fag end of service, can significantly impact terminal benefits like gratuity and pension, which are often considered a fundamental right. Courts are generally protective of retirement benefits.

     • No Disciplinary Proceedings Initiated: If no departmental disciplinary proceedings were initiated earlier based on the FIR, the sudden suspension solely on "public interest" grounds without any fresh development might be questioned.

2. Getting Retirement Without Remarks:

   • If a stay order on the suspension is obtained, and the suspension itself is eventually quashed or set aside by a court, then your mother's retirement would proceed as if she was never suspended. This would effectively mean she retires without any adverse remarks regarding this specific suspension.

   • However, the fact of the FIR itself may still remain on record, but a suspension order being overturned would prevent it from being a blot on her immediate retirement.

   • Settlement of Amount: The delay in settlement of retirement dues due to pending FIR is a common issue. If the suspension is stayed or quashed, it might expedite the process. Even if the FIR is pending, courts have often directed provisional payment of retirement benefits, especially pension, as it's a livelihood issue.

B. Can We Approach High Court or Her Higher Officials?

Both are viable options, and a strategic decision needs to be made quickly.

1. Approaching Higher Officials (Departmental Remedies):

   • Appeal/Representation: Your mother can immediately file a strong representation or appeal to her higher officials, challenging the suspension order. This should clearly state the facts, the lack of prior disciplinary action, her clean service record, the proximity to retirement, and the potential impact on her livelihood.

   • Advantage: Sometimes, internal representations can lead to a quick resolution if the administration realizes the potential legal challenge or if the order was indeed issued without full consideration.

   • Disadvantage: May not always be effective, especially if the decision is firmly taken, and there's limited time before retirement.

2. Approaching the High Court (under Article 226 of the Constitution of India) or the Central/State Administrative Tribunal (CAT/SAT if applicable):

   • This is often the most effective and direct route in such urgent matters.

   • Writ Petition: Your mother can file a Writ Petition (usually a Writ of Certiorari or Mandamus) in the High Court or the relevant Administrative Tribunal to challenge the suspension order.

   • Grounds for High Court Intervention:

     • Violation of fundamental rights (right to livelihood, right to dignified retirement, etc.).

     • Arbitrariness or unreasonableness of the administrative action.

     • Violation of service rules or principles of natural justice.

     • Order passed without jurisdiction or proper application of mind.

   • Seeking Interim Relief (Stay Order): When filing the petition, you can specifically ask for an interim stayon the operation of the suspension order. Given the proximity to retirement, courts often prioritize such matters and may grant interim relief to prevent irreparable harm.

   • Advantage: High Courts and Tribunals have the power to quash the suspension, direct release of benefits, and ensure retirement proceeds smoothly. They can intervene quickly.

   • Disadvantage: Litigation can be time-consuming and expensive, though the urgency of this case might lead to a faster hearing for interim relief.

Hi,

Firstly, you can approach High Court for necessary reliefs:

For Quashing of FIR you can approach High Court by way of filing Criminal Petition and can seek stay initially, later after giving opportunity to both side parties the case will be decided. 

Suspension without giving opportunity you can submit your representation for giving opportunity and if you do not get any response you can approach High Court by way of filing Writ Petition challenging your suspension order and seek stay of suspension order. 

Seeking of Stay in FIR and seeking of stay of suspension order are the solution for urgent relief but they will be decided later after giving opportunity. 

Your mother’s suspension just ten days before her scheduled retirement, after 25 years of unblemished service, appears arbitrary and unjustified, particularly when it is solely based on a pending FIR under Section 498A IPC. Authorities initially assured that her retirement would not be hindered by the FIR, and only her monetary settlement might be delayed. The sudden issuance of a suspension order under the guise of "public interest" without issuing any prior notice or providing her an opportunity to be heard violates the principles of natural justice and established service rules.

You can immediately approach the High Court by filing a writ petition under Article 226 of the Constitution, seeking a stay on the suspension order and a direction allowing her to retire on July 31 without any adverse remark. The court can also be requested to direct her employer to process her retirement benefits at least on a provisional basis, especially since no departmental enquiry or chargesheet appears to have been initiated. In past judgments, courts have consistently held that mere registration of an FIR cannot be treated as a valid ground for suspension or denial of retirement benefits, unless it is accompanied by disciplinary proceedings or proven misconduct.

If she is a central government employee, she may also move the Central Administrative Tribunal (CAT) for immediate relief. Filing the petition on Monday or Tuesday with a prayer for urgent hearing may help secure interim relief before her retirement date. The court or tribunal may grant a stay or interim order based on urgency, her clean service record, and the procedural irregularities in the suspension process.

The department cannot legally withhold her pension in full merely because an FIR is pending. Pension is a statutory right and may only be withheld in limited circumstances under service rules when a departmental or criminal proceeding is actively underway. Even if the final gratuity or some benefits are delayed, she remains entitled to provisional pension. You may also submit a representation to the higher departmental authority immediately requesting reconsideration of the suspension, although given the urgency, pursuing both representation and court action simultaneously is advisable.

If the suspension was served on her without any prior inquiry, notice, or personal hearing, that action is clearly challengeable. The lack of opportunity to explain herself, especially when she was called to the office late in the evening just to hand over the suspension order, strengthens the argument of arbitrariness and bad faith.

You are strongly advised to act quickly and file the appropriate legal challenge within the next couple of days. If you require help with preparing and filing the writ petition, or need assistance in drafting the representation to her department, please feel free to contact me for legal assistance.

What is the reason for suspension?

The reasons form the backbone for challenge.

Is the reason supported with relevant conduct rules?

She may be implicated as co-accused in this case, but that should not form the basis of suspension unless found guilty by a court of competent jurisdiction.

G.Rajaganapathy
Advocate
High Court of Madras

1. Is it fair to put 17(b) charges for a pending FIR?

• Legality: Yes, generally it is legally permissible for the disciplinary authority to initiate departmental proceedings (like 17(b) charges) even when a criminal case (FIR) is pending on the same set of facts.

• Tamil Nadu Civil Services (Disciplinary and Appeal) Rules: Rule 17(b) deals with imposing major penalties, which require a detailed inquiry. The basis for these charges can stem from the same allegations that led to the FIR.

• Rationale: The purpose of a departmental inquiry is different from a criminal trial.

  • Criminal Case (FIR): Focuses on proving an offense beyond a reasonable doubt and punishing the accused.

  • Departmental Inquiry: Focuses on whether the employee has violated service rules, shown misconduct, or brought disrepute to the service, and to decide on appropriate disciplinary action. The standard of proof is "preponderance of probabilities" (lower than "beyond reasonable doubt").

• "Public Interest" Suspension: Suspension under Rule 17(e)(2) for "public interest" is often invoked when there are serious allegations, especially those involving moral turpitude or actions that could undermine public confidence in the service. The pendency of a serious FIR like 498A can be a ground for such suspension, even without a prior memo or detailed inquiry at that initial stage. The memo and inquiry (17(b) charges) typically follow the suspension.

• Fairness: While legal, whether it's "fair" in your specific circumstances is a subjective assessment. However, from the department's perspective, they have a duty to maintain discipline and public trust, and a pending criminal case, especially one involving allegations of cruelty, can be a valid basis for initiating departmental action.

2. Heard that due to pressure from the opposite party (wife), they are doing this... If so, can we file a defamation case on my wife and mother-in-law, and higher authorities?

• Defamation against Wife/Mother-in-law:

  • After Acquittal: As a general rule, you can consider filing a defamation case (civil or criminal) against your wife and mother-in-law after you are honourably acquitted from the 498A case. The acquittal would significantly strengthen your claim that the allegations were false and made with malicious intent.

  • Current Stage (FIR pending, chargesheet filed): Filing a defamation case during the pendency of the 498A case is generally not advisable and may not succeed. The court will likely consider the allegations made in the FIR as part of judicial proceedings, which often have a degree of privilege. You need to wait for the outcome of the 498A case.

  • Proving Malice & Damage: To win a defamation case, you would need to prove:

    • The statements made were false.

    • They were published (communicated to a third party).

    • They caused harm to your reputation.

    • They were made with malice (if it's a criminal defamation case or to overcome qualified privilege).

  • Practicality: Defamation cases can be long and complex.

• Defamation against Higher Authorities:

  • This is generally very difficult. Disciplinary actions taken by authorities in their official capacity are typically protected unless you can prove extreme malice, mala fide intent, or a blatant abuse of power. Merely responding to an FIR or complaint and initiating disciplinary proceedings is usually considered part of their official duty. Proving that they acted under "pressure" and with the intent to defame you would be a very high bar.

3. FIR filed on January 2024 - Charge sheet on February 2025 - For FIR, one time, two times court case hearing done. Is it possible now for quashing in High Court?

• Quashing FIR/Proceedings (Section 482 CrPC/Article 226 Constitution): Yes, it is still possible to seek quashing of the FIR and/or the criminal proceedings even after the charge sheet has been filed and some hearings have taken place.

• Grounds for Quashing: The High Court exercises its inherent powers to quash proceedings to prevent abuse of the process of any court or to secure the ends of justice. Common grounds for quashing include:

  • The allegations in the FIR/charge sheet, even if taken at face value, do not constitute a cognizable offence.

  • The FIR is maliciously instituted with an ulterior motive for wreaking vengeance.

  • There is no legal bar to the institution or continuance of the proceedings (e.g., lack of sanction, if required).

  • The case is primarily civil in nature, given a criminal colour.

  • A genuine settlement or compromise has been reached between the parties (especially in matrimonial disputes, though 498A is non-compoundable, the Supreme Court has allowed quashing on settlement in certain cases).

• Challenges after Charge Sheet: While possible, it becomes more challenging after a charge sheet is filed because the investigation is complete, and the police have found sufficient material to prosecute. The court will be hesitant to interfere unless there is a very strong case of abuse of process or clear lack of evidence.

• Strategy: You would need to demonstrate to the High Court that continuing the criminal proceedings would be an abuse of the legal process and that no prima facie case is made out against you, or that the case is fundamentally false.

4. If FIR we acquitted - can we file defamation based on that?

• Yes, definitely. As mentioned in point 2, an honourable acquittal from a 498A case provides a strong basis for filing a defamation case. The court's finding of your innocence or that the allegations were false would be critical evidence in your favour.

• You could also consider a case for malicious prosecution, which is a civil action for damages against someone who initiated a false criminal proceeding against you without reasonable or probable cause and with malice, and where the proceedings ended in your favour.

5. Based on FIR positive i.e., we acquit - can we be free from DVC and MC case?

• Domestic Violence Case (DVC) under the PWDV Act, 2005:

  • An acquittal in the 498A criminal case (IPC) does not automatically dismiss a Domestic Violence Case (DV Act) or a Maintenance Case (CrPC Section 125).

  • Reason: The standard of proof is different. The DV Act aims to provide civil remedies (protection orders, residence orders, monetary relief, custody orders) and the standard of proof is lower than criminal law. Even if a criminal court acquits, a civil court in a DV case might still find "domestic violence" (which is broadly defined to include economic abuse, emotional abuse, etc.) has occurred based on a "preponderance of probabilities."

  • Impact: However, an acquittal in 498A will significantly strengthen your defense in the DVC. It provides strong evidence that the allegations of cruelty were not proven in a criminal court, which can influence the DV court's decision, especially if the DVC allegations substantially overlap with the 498A charges. It makes it harder for the wife to prove the allegations in the DVC.

• Maintenance Case (MC) under CrPC Section 125 or personal laws:

  • Similarly, an acquittal in 498A does not automatically terminate a maintenance case.

  • Reason: Maintenance under Section 125 CrPC is aimed at preventing vagrancy and destitution. The entitlement to maintenance often depends on the wife's inability to maintain herself and the husband's capacity to pay, along with aspects like desertion or cruelty by the husband.

  • Impact: If the 498A acquittal establishes that the wife's allegations of cruelty were false, it can be a ground to argue against her entitlement to maintenance, especially if her claim for maintenance is solely based on those false allegations of cruelty. However, if she is genuinely unable to maintain herself and there are no other grounds for denying maintenance (like desertion by her without cause, or adultery), the court might still grant it.

6. If still the law tells males to give MC to wife - she finished BE, ME, MBA and beautician in private - even if she is highly educated, do we have to give?

• General Rule: Indian law (primarily Section 125 CrPC and personal laws like Hindu Marriage Act) generally obliges a husband to maintain his wife if she is unable to maintain herself.

• Educated Wife & Earning Capacity: The courts have increasingly taken a view that a well-educated and capable wife who has the potential to earn should not sit idle and claim maintenance.

  • Recent Supreme Court and High Court judgments have emphasized that maintenance laws are meant to prevent destitution, not to allow an educated and able-bodied spouse to live off the other.

  • If your wife has degrees like BE, ME, and MBA and has also done a beautician course, this demonstrates significant educational qualifications and potential earning capacity.

  • Key Consideration: The court will look at whether she is actually earning or has a reasonable excuse for not earning. If she is deliberately choosing not to work despite having the qualifications and ability, you can strongly argue against or for a reduced maintenance amount.

• Burden of Proof: You might need to provide evidence of her qualifications and her previous employment (if any) or her earning potential.

• Outcome: While her education does not automatically disqualify her from maintenance, it significantly impacts the quantum of maintenance and whether it should be granted at all if she is found to be deliberately idle. The court will consider her earning capacity.

7. After acquitted from FIR - what happens to DVC??? - can we free from DVC?

• This is largely covered in point 5.

• No Automatic Freedom: An acquittal in the 498A criminal case does not automatically result in freedom from the Domestic Violence Case (DVC).

• Strong Defense: However, it provides a very strong defence. You can present the acquittal order to the Magistrate hearing the DVC and argue that the core allegations of cruelty, which likely form the basis of the DVC, have already been disproven in a criminal court with a higher standard of proof.

• Court's Discretion: The Magistrate in the DVC will consider the acquittal, but they will still decide the DVC based on the evidence presented before them and the standard of proof under the PWDV Act. If there are other aspects of "domestic violence" (e.g., emotional abuse, economic abuse) that are distinct from the 498A allegations and can be proven under the DV Act's lower standard, the DVC might still proceed.

• Strategy: You should aggressively pursue the DVC and leverage the 498A acquittal to seek its dismissal or a favourable outcome.

Summary and Next Steps:

1. For 17(b) Charges: You have received the charges. You will need to submit your defense/explanation. This is a formal departmental inquiry. Ensure you participate fully and provide all necessary documentation and arguments. An acquittal in the criminal case, if it happens, will be a very strong piece of evidence in your favour during the departmental inquiry.

2. For FIR (498A): Continue to defend yourself vigorously in the criminal case. Explore the possibility of quashing the FIR in the High Court, especially if there are strong grounds to show it's false or an abuse of process. Your lawyer can advise on the best timing and strategy for this.

3. For Defamation: Wait for the outcome of the 498A case. If you are acquitted, consult your lawyer about filing a defamation case and/or a malicious prosecution case against the individuals who filed the false complaint.

4. For DVC and MC: Continue to defend these cases. An acquittal in 498A will be a significant advantage. For maintenance, gather evidence of your wife's high qualifications and potential earning capacity to argue against or reduce maintenance.

Crucial Advice:

• Document Everything: Keep meticulous records of all legal documents, communications, and evidence related to all these cases.

• Consult a Lawyer: This is paramount. You are dealing with complex legal matters involving criminal law, service law, and family law. A lawyer specializing in these areas will be able to guide you through each step, represent you effectively, and strategize based on the specifics of your situation and the nuances of Tamil Nadu law. Do not delay in seeking professional legal counsel.

Approach HC fir quashing FIR 

if allegations made are vague and devoid of material particulars HC may quash FIR 

3) take the plea that wife is highly qualified and working hence not entitled to any maintenance 

4) DV is separate case 

After acquittal you can file defamation 

DVC will be disposed on its merits 

1. Under specific circumstances, the Tamil Nadu state government can issue a 17(b) charge sheet to an employee even at the time of retirement, particularly if a matrimonial dispute has resulted in an FIR. However, this is not automatic and depends on the severity of the allegations and whether a major penalty is warranted. 

2. No, defamation case is not maintainable under the given circumstances, moreover the FIR  and the criminal complaint is a state prosecuted case hence she cannot be implicated in any defamation case.

3. It is better to wait for the charge sheet to be filed to file a quash petition to Quash the charge sheet because in FIR  no details would be available hence the high court may not entertain the Quash of FIR. 

4.No, even then yo9u can file a case against the concerned police only for malicious prosecution and that too only if the criminal case is dismissed and not when the accused are acquitted.

.5  The DV case and the MC case are independent from each other and the acquittal in the 498a criminal case will not a overriding factor to get released from the other two cases, you may have to challenge them accordingly.

6. If she is not employed and not having any source of income to sustain her expenses then the husband would be  liable to pay maintenance amount to her. 

  7. Read the fifth answer above.

• Suspension just before retirement based on a pending FIR is legally possible but can be challenged as arbitrary, especially with a clean 25-year record.

• You can file an urgent petition in the High Court or Central Administrative Tribunal (CAT) seeking stay of suspension and clearance for retirement benefits.

• Courts sometimes grant interim relief before retirement date if petition is timely.

• Suspension without proper notice or inquiry violates service rules and strengthens your case.

• Pending FIR delays monetary benefits (pension, gratuity), but you can legally contest this.

• Quashing FIR is possible only with strong grounds; acquittal does not automatically affect related DVC/maintenance cases.

• Maintenance depends on actual financial need, not just wife’s education.

• File statutory representation with higher officials for relief; if denied, approach CAT or court.

• Defamation suit against wife or officials is difficult unless malicious falsehood is proved.

your mother will continue to get subsistence allowance and DA during the period of suspension.

you can seek clarifications from your employer regarding a oh t payable to you 

1. If a Tamil Nadu state government employee is not permitted to retire due to a pending criminal case, they will continue to receive a provisional salary, which may be a reduced amount. The exact amount will be determined by the competent authority, considering factors like the nature of the case and the employee's representation. After the conclusion of the departmental or judicial proceedings, the competent authority will review the provisional salary order and issue final orders, potentially adjusting the amount based on the outcome of the proceedings. 

2. Under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, a state government employee placed under suspension is entitled to receive a subsistence allowance, which is a percentage of their previously drawn salary, during the suspension period. Initially, for the first 90 days, the allowance is 50% of their salary. If the suspension extends beyond 90 days, and the delay is not attributable to the employee, the allowance increases to 75%. 

3. The employee will not receive their full salary and allowances as if they had retired. Instead, they will receive a reduced amount, determined by the competent authority, not exceeding their full pay and allowances. 

4. After the conclusion of the departmental or judicial proceedings, the competent authority will review the provisional salary order and issue final orders, potentially adjusting the amount based on the outcome of the proceedings. 

It can’t be guaranteed for a specific amount in Indian court

• You can legally challenge the suspension and block on retirement by approaching the High Court or CAT quickly for stay orders.

• During suspension, payment is limited (usually half salary or pension amount).

• Pension and benefits may be withheld but can be claimed back if cleared/acquitted.

• Acting fast with a good lawyer improves chances of retiring peacefully and getting dues.

• Maintenance and domestic cases are separate and won't end automatically on FIR acquittal.

Let me know if you want an even shorter version or key points for court use.

Your father has rightly secured a favorable eviction order from the Andhra Pradesh High Court, which cancelled the tenant’s stay and granted a two-month period for vacating the premises. Now, to prevent any surprise legal challenge from the tenant in the form of a Special Leave Petition (SLP) before the Supreme Court, you can file a caveat petition. This ensures that if the tenant approaches the Supreme Court, your father will be notified before any order is passed. For this, you'll need to engage an Advocate-on-Record (AOR), as only they are authorized to file documents in the Supreme Court. The total cost may vary depending on the AOR. You can find a reliable AOR through references from High Court lawyers, state bar associations, or the official Supreme Court website which lists practicing AORs.

Your father can simultaneously proceed with filing an Execution Petition in the trial court (the court that originally tried the case) without waiting for the two-month vacating period to expire. This petition will enable enforcement of the High Court order in case the tenant does not vacate within the stipulated time. Courts usually accept the EP as a proactive measure to avoid delays in execution once the grace period ends.

As for the tenant, if they wish to continue staying in the premises despite the High Court’s decision, their only legal remedy would be to approach the Supreme Court with an SLP challenging the High Court’s order. However, merely filing an SLP does not automatically stay the eviction; they would also need to request and obtain a stay order from the Supreme Court. If they fail to do so and continue to occupy the premises beyond the allowed two months, your father would be well within his rights to seek police assistance through the trial court’s execution proceedings.

1. Salary During the Period of Retention

This is the central conflict in your scenario. The suspension order and the "not to permit to retire" order seem to contradict each other regarding the amount payable.

• Suspension Order (Rule 53(1) of Fundamental Rules): This rule governs subsistence allowance during suspension. Typically, it states that an employee under suspension is entitled to a subsistence allowance equal to a certain percentage of their basic pay and dearness allowance (DA). This is usually 50% for the initial period.

• "Not to Permit to Retire" Order: This order states that she is retained in service and the "salary during that period shall not exceed the amount of pension." This is a critical point. When an employee is retained in service beyond their date of superannuation due to disciplinary proceedings, their emoluments are often capped at the amount of the pension they would have been drawing had they retired.

Resolution: The later order, which specifically addresses the period after the date of superannuation, will likely supersede the suspension order regarding the amount payable. The suspension itself continues, but the basis for calculating the emoluments changes.

• Conclusion: It is highly probable that she will receive an amount equivalent to a provisional pension, not exceeding the full pension amount, as per the "not to permit to retire" order. The suspension rules (Rule 53) apply to the statusof suspension, but the specific rules for post-superannuation retention determine the amount of payment. The phrase "shall not exceed the amount of pension" is key.

2. Actual GO (Government Order) and Subsistence Allowance

The government orders (GOs) and rules governing these situations are complex and vary slightly between central and state governments. However, the general principles are consistent.

• Relevant Rules: The rules that apply in this situation are typically:

  • Fundamental Rules (FR) 53: This rule deals with subsistence allowance during suspension.

  • Pension Rules (e.g., Central Civil Services (Pension) Rules, 1972): Specifically, rules related to withholding pension or gratuity during disciplinary proceedings.

  • CCS (CCA) Rules, 1965: Rule 17(b) or equivalent rules for major penalties are the basis for the charge sheet.

• What Subsistence Allowance is Paid?

  • Pre-Retirement: If suspended before the retirement date, the employee gets a subsistence allowance as per FR 53.

  • Post-Retirement (Retained in Service): If the employee is retained in service beyond the retirement date due to disciplinary proceedings, they are treated as a "retained government servant." The payments during this period are not "subsistence allowance" in the traditional sense, but an amount equivalent to a provisional pension. The "salary" is capped at the amount of the pension that would have been payable.

3. "Only if no retirement only half salary paid" - Is this true?

This statement is a simplification, but it contains a kernel of truth.

• "Only if no retirement only half salary paid": This refers to the period before the retirement date. If an employee is suspended before retirement, they get a percentage (usually 50%) of their basic pay and DA as subsistence allowance. This is "half salary" in a broad sense.

• "If retirement date crossed, even pension amount will not be given or 50 to 25% of pension amount only may give": This is also partially correct and reflects the rules for provisional pension. When a government servant retires while disciplinary proceedings are pending, the government may sanction a provisional pension. This provisional pension is often a percentage (e.g., 90%) of the full pension, and the remaining amount (pension and gratuity) is withheld until the conclusion of the proceedings.

Summary of this point:

• Suspended before retirement: Gets subsistence allowance (e.g., 50% of basic pay + DA).

• Retained after retirement: Gets an amount equivalent to a provisional pension, which is often less than the full pension, and the full amount (including gratuity) is withheld until the case is finalized. So the statement is broadly correct in its intent, as the payments change significantly after the date of superannuation.

4. Recovery of Lost Amount After Acquittal

Yes, this is a standard and crucial part of service law. If the employee is fully acquitted from the FIR case and the disciplinary proceedings are dropped with a finding that the suspension was "wholly unjustifiable," they are entitled to receive the full amount of salary and allowances that were withheld.

• Reinstatement with Full Benefits: The employee would be reinstated and treated as if they were on duty for the entire period. They would receive the difference between the full salary and allowances they would have earned and the subsistence/provisional pension amount they were paid.

• Entitlement to Pensionary Benefits: All their pensionary benefits (including gratuity) would be released in full.

• Official Order: The government would issue an official order declaring the period as "duty for all purposes" and sanctioning the payment of the arrears.

Important Caveat: If the disciplinary authority concludes that the suspension was "justified" even if the criminal case ended in acquittal (as they are two different legal proceedings), the employee may not be entitled to the full arrears. However, in cases of full exoneration, the employee is usually entitled to all lost emoluments.