Authorities must consider enhanced subsistence allowance after 90 days’ suspension without a charge-sheet.

The applicant, a Senior Principal Scientist at CSIR-NEIST, was suspended on 10 August 2024 in connection with a CBI case. His suspension was extended on 23 October 2024 and 25 April 2025. The respondents stated that the CBI had filed a criminal charge-sheet on 27 December 2024; however, no departmental charge-sheet had been issued during the suspension period.

The applicant was reinstated on 17 October 2025, after 433 days of suspension. He then sought, among other reliefs, consideration for enhanced subsistence allowance after the first 90 days of suspension.

Whether the applicant’s suspension, continued without a departmental charge-sheet, was inconsistent with the principles governing prolonged suspension.

Whether the respondents should consider enhanced subsistence allowance for the applicant after the first 90 days of suspension.

Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 governs suspension and its review or extension.

The Tribunal relied on *Ajay Kumar Choudhary v. Union of India*, (2015) 7 SCC 291, for the principle that suspension should not ordinarily continue beyond three months without service of a charge-sheet.

The applicant also relied on the DoPT Office Memorandum dated 23 August 2016 and the 2022 amendment to Rule 10(7), said to limit suspension to 270 days where no charge-sheet is issued; the Tribunal did not separately analyse or determine the scope of those provisions.

The Tribunal noted that the applicant had remained suspended for 433 days, had received only subsistence allowance, and had not been served with a departmental charge-sheet within the stipulated period.

It considered *Ajay Kumar Choudhary* applicable and observed that the case was covered by the Principal Bench’s order in O.A. No. 364/2025. Since the applicant had already been reinstated, the Tribunal addressed the remaining request concerning enhanced subsistence allowance, rather than directing reinstatement or expressly setting aside the suspension orders.

The exercise was to be completed within three months of receipt of a certified copy of the order. No costs were awarded.