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Can the salary of a state government employee be withheld? Please provide information on whether the


25-Jul-2024 (In Civil Law)
Can a higher state government official withhold the salary of a subordinate government employee (junior officer) based on non-performance or poor work output? Please clarify if the salary of a government employee can be withheld and provide details on CSC rules regarding the withholding of salary.
Answers (2)

Answer #1
900 votes

This cannot be done, as it is blatantly arbitrary and illegal. You are advised to challenge this act of withholding your salary by filing a writ petition in the High Court. Your case is even stronger if your salary is being withheld without any formal order to that effect.

 
 
 
 
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Answer #2
721 votes

Non-performance or poor work cannot be a ground to withhold the salary of any employee by a senior State Government official. A reasoned and speaking order must be communicated through a show cause notice by the concerned Government official before making any alteration to your service conditions, and you must be given a reasonable time to reply to the show cause notice. It is highly advised to file a Writ Petition in the matter concerned. Also, for how long has your salary been due?

Regards,
Tushar Bahadur (Advocate).

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