Suspension Treated as “As Such” in Rule 14 Proceedings – What It Really Means
When a government employee faces Rule 14 proceedings under the CCS (CCA) Rules, the Disciplinary Authority may decide how the period of suspension should be treated. One common order in such cases is that the suspension period is to be treated ‘as such’.
This phrase often causes confusion among employees. Let’s understand what it means and how it compares with “dies non”.
Meaning of “As Such” in Suspension Orders
If the Disciplinary Authority says that the suspension period is to be treated “as such”, it means the period will remain as suspension, without any change in status.
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The employee will not get any additional pay or benefits for that time.
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They will not be treated as on duty during that period.
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The only financial benefit they get is the subsistence allowance, which they would have already received during suspension.
This decision is generally taken when the misconduct is either proved or partially proved, and the authority decides not to regularize the suspension as duty.
How Is It Different from Dies Non?
The phrase dies non literally means “day not counted.” It is a period of unauthorized absence or punishment where:
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The day is not counted for any purpose—not for pay, leave, or pension.
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The employee gets no pay or allowance, unlike suspension.
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It is also non-qualifying service, just like suspension treated “as such”.
So while both “as such” and “dies non” result in non-qualifying service:
| Factor | Suspension ‘As Such’ | Dies Non |
|---|---|---|
| Salary | No salary (only subsistence allowance paid earlier) | No salary at all |
| Allowances | Not eligible beyond SA | Not eligible |
| Qualifying service | Not counted | Not counted |
| Disciplinary situation | Usually post-suspension in Rule 14 | Can apply for absence without permission or penalty |
Practical Example
Let’s say an employee was suspended during an inquiry under Rule 14. After the inquiry, the Disciplinary Authority imposes a penalty and decides the suspension will be treated “as such”. In that case:
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The employee is not entitled to any arrears of pay for that suspension period.
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The period will be considered non-qualifying for calculating leave, pension, or increment.
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They have already been paid subsistence allowance, which is all they will receive.
This is similar in effect to dies non, except in dies non, even the subsistence allowance is not paid.
Rule and Legal Reference
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CCS (CCA) Rules, 1965 – Rule 10 & 14
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FR 54-B – Deals with pay and allowance after reinstatement
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GOI Decisions under CCS Leave Rules and DoPT Clarifications