Rule 291 of The General Financial Rules 2017 T A Claims Retired Government Servants Court Appearance
Original Rule Text
Visual Summary
Retired Government servants.
Honorable acquittal by court.
Date of judgment pronouncement.
Executive Summary
Rule 291 of The General Financial Rules, 2017 outlines the eligibility and procedure for retired Government servants to claim reimbursement of Travelling Allowance (T.A.) expenses when appearing in a court of law for their defense. Reimbursement is only permissible if the court pronounces an honorable acquittal. The date of this judgment serves as the crucial reference point for both the submission and processing of the T.A. claim.
In-Depth Analysis of the Rule
Introduction: Rule 291 addresses a specific scenario concerning retired Government servants and their entitlement to T.A. reimbursement for court appearances. It establishes a clear conditionality tied to the outcome of the legal proceedings.
Breakdown of the Rule:
- Eligibility: Only retired Government servants are eligible for T.A. reimbursement under this rule.
- Purpose of Appearance: The appearance in court must be for the purpose of defending oneself.
- Condition for Reimbursement: Reimbursement is strictly contingent upon the court pronouncing an “honorable acquittal.” Without this specific outcome, the claim is not valid.
- Reference Point for Claim: The date on which the judgment of honorable acquittal is pronounced by the court is the definitive reference point for submitting and processing the T.A. claim. This ensures a standardized and verifiable starting point for the claim process.
Practical Example: A retired government official, Mr. Sharma, is accused in a case and has to travel to a different city for court hearings. After a lengthy trial, the court delivers a judgment of honorable acquittal. According to Rule 291 of The General Financial Rules, 2017, Mr. Sharma can now submit his T.A. claim for the travel expenses incurred. The date of the court’s judgment will be used as the official date for calculating the submission deadline and processing the reimbursement.
Related Provisions
Understanding Rule 291 is enhanced by considering other related provisions within the General Financial Rules, 2017:
- Rule 290 of The General Financial Rules 2017 T.A. Claim Due Date: This rule specifies the due date for general T.A. claims, providing a broader context for claim submission timelines.
- Rule 292 of The General Financial Rules 2017 Leave Travel Concession Claim Due Date: This rule details the due dates for Leave Travel Concession claims, offering a comparison with other types of travel expense reimbursements.
Learning Aids
Mnemonics
- RAJD: Retired, Acquitted, Judgment Date (for T.A. claims).
Process Flowchart
Multiple Choice Questions
1. What is the primary condition for a retired Government servant to be eligible for T.A. reimbursement under Rule 291 of The General Financial Rules, 2017 when appearing in a court of law for defense?
- A) The court orders the government to pay.
- B) The court pronounces an honorable acquittal.
- C) The servant was on official duty during the court appearance.
- D) The servant incurred significant travel expenses.
Show Answer
Correct Answer: B) The court pronounces an honorable acquittal.
2. According to Rule 291 of The General Financial Rules, 2017, what serves as the reference point for submission and reimbursement of a T.A. claim for a retired Government servant’s court appearance?
- A) The date of the first court hearing.
- B) The date the travel was completed.
- C) The date of the court’s judgment pronouncement.
- D) The date the claim form is filled out.
Show Answer
Correct Answer: C) The date of the court’s judgment pronouncement.
3. Which category of individuals is specifically addressed by Rule 291 of The General Financial Rules, 2017 for T.A. claims related to court appearances?
- A) Serving Government servants.
- B) Retired Government servants.
- C) Family members of Government servants.
- D) Contractors working for the Government.
Show Answer
Correct Answer: B) Retired Government servants.
4. If a retired Government servant appears in court for defense but is not honorably acquitted, what is the outcome regarding T.A. reimbursement under Rule 291 of The General Financial Rules, 2017?
- A) Partial reimbursement is granted.
- B) Full reimbursement is granted after appeal.
- C) No reimbursement is permissible.
- D) Reimbursement is deferred until a later date.
Show Answer
Correct Answer: C) No reimbursement is permissible.
5. Rule 291 of The General Financial Rules, 2017 applies to T.A. claims for what specific type of court appearance?
- A) Appearing as a witness for the government.
- B) Appearing as a plaintiff in a civil suit.
- C) Appearing to defend oneself.
- D) Appearing as a prosecutor.
Show Answer
Correct Answer: C) Appearing to defend oneself.
Frequently Asked Questions
Q: Can a retired Government servant claim T.A. for any court appearance?
A: No, Rule 291 of The General Financial Rules, 2017 specifically states that reimbursement is only for appearing in court to defend oneself, and only if an honorable acquittal is pronounced.
Q: What if the court case is still ongoing? Can I submit a provisional T.A. claim under Rule 291 of The General Financial Rules, 2017?
A: No, the rule explicitly states that eligibility for reimbursement arises “only when the judgement relating to his honorable acquittal is pronounced by the court.” Therefore, a claim cannot be submitted before the final judgment.
Q: Is there any other condition besides honorable acquittal for T.A. reimbursement under Rule 291 of The General Financial Rules, 2017?
A: The rule focuses on the honorable acquittal as the primary condition for eligibility. The appearance must also be for defending oneself.
Key Takeaways
- Rule 291 of The General Financial Rules, 2017 governs T.A. reimbursement for retired Government servants appearing in court for their defense.
- Eligibility for reimbursement is strictly conditional on an “honorable acquittal” by the court.
- The date of the judgment of honorable acquittal is the official reference point for T.A. claim submission and processing.
- No reimbursement is allowed if an honorable acquittal is not pronounced.
Conclusion
Rule 291 of The General Financial Rules, 2017 provides a clear framework for supporting retired Government servants who face legal challenges and are ultimately vindicated. By linking T.A. reimbursement directly to an honorable acquittal, the rule balances financial support with accountability, ensuring that public funds are utilized judiciously while acknowledging the integrity of those cleared by the justice system.