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Journeys during suspension or to give evidence

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Summary

purpose of travelling allowance bill of the government servant concerned.

Text of the circular

Journeys during suspension or to give evidence
59. (1) A government servant whether he is on duty or on leave, who is summoned to
give evidence of facts that have come to his knowledge in his official capacity in any
criminal case, or in any civil or revenue case to which the Government is a party or
in a departmental inquiry, may draw travelling allowance at the ordinary rates, on a
certificate of attendance in the prescribed form, if any, granted by the court or the
authority conducting the inquiry, which he should attach to his bill.
(2) A government servant summoned to give evidence under any other circumstances
is entitled to receive his actual travelling expenses from the court.
(3) Any fees or expenses deposited for the subsistence allowance of the witness in a
civil, revenue or criminal court, and in the case described in clause (1), also any fees
or expenses for travelling allowance so deposited must be credited by the court to the
revenues of the State; provided that if the witness is an employee of the Central
Government or Railway, the fees or expenses deposited for him should be credited to
the department concerned of that Government.

(4) In the case of a witness who is subject to the Payment of Wages Act, 1936, the
fees or expenses referred to in clause (3) should be credited to Government by the
court itself; provided that if such a witness is an employee of the Central
Government or Railway or any other commercial department under the Government
of India, the fees or expenses deposited for him should be credited by the court direct
to the department concerned of that Government.
(5) This rule does not apply to jamadars, village chaukidars, patwaris in the hill
pattis of Kumaun Division and in the Tarai and Bhabar and Garhwal Bhabar
Government Estates and government servants of the Category-IV (except naiks and
police constables) who may receive their expenses from the court in the ordinary
way.
59-A. A government servant under suspension who is required to perform a journey
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to attend the departmental enquiry (other than a police 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
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travelling allowance will, however, be admissible if the enquiry is held at the
outstation at his own request.

NOTE—(1) Travelling allowance in such a case will be regulated by the category to
which the government servant belonged immediately prior to his suspension.
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NOTE—(2) If the government servant under suspension is, as a result of the
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departmental proceedings taken against him, removed or dismissed from service
subsequently, and the removal or dismissal has effect from the date of his
suspension, the amount paid to him as travelling allowance under this rule need not
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be recovered from him.
NOTE—(3) All-India Service Officers serving in connection with the affairs of the
State and the State Government servants whether on duty or on leave or under
suspension, who undertake journeys to out stations to peruse official records for the
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preparation of their defence in connection with the disciplinary proceedings
instituted against them, will be allowed travelling allowance as for a journey on tour
without any allowance for halts on journeys subject to the following conditions:
(i) The travelling allowance will be allowed from the headquarters of the
government servant or from any other place where he may be spending his leave, or
where the suspended government servant has been permitted on his own request to
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reside, but not exceeding what would be admissible had the journey been undertaken
from the headquarters of the government servant.

(ii) The enquiring officer certifies that the official records to be consulted are
relevant and essential for the preparation of the defence sta

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