Can a suspended Government employee earn money through private work?


Question: Is it permissible for a suspended Government employee to do some private work and earn money during the period of suspension? I am under suspension for last about two years and I am getting some subsistence allowance which is not sufficient to run my family. Since I am not deployed for any duty by the Government, can I do some private work to make use of the available time and earn some extra money to support my family?

Answer: It is not permissible for a suspended Government officer / employee to do some private work or get employed in some private job during the period of suspension. The rules of the Government do not permit it.

In fact, as per the Central Government instructions issued from time to time, it has been highlighted that an officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants. The suspension of a Government servant does not mean the termination of employer-employee relationship between the Government and the suspended Government servant. During the period of suspension, the suspended employee is in the employment of Government, and all the rules, regulations and conditions of service are still applicable to him as are applicable to other employees.

Moreover, a subsistence allowance is paid to the suspended Government servant even though no work is taken from him while continuing him in the Government service. It may be noted that, by its very nature, subsistence allowance is meant for the subsistence of a suspended Government servant and his family during the period he is not allowed to perform any duty and thereby earn a salary.

For all intents and purposes, a suspended Government servant continues to be in the Government service, except that he is not deployed in a specific post. In fact, he is required even to not leave his headquarters without the specific permission of the authorities.

It is also pertinent to point out that as per sub-rule (2) of Rule 53 of the Fundamental Rules applicable in Central Government, no payment of subsistence allowance can be made to a suspended Government servant UNLESS he furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.

Thus, in the absence of any such certificate, no subsistence allowance would be paid. And, if a suspended Government servant submits a false certificate stating that he is not engaged in any other employment, business, profession or vocation (while actually being engaged in any such other employment, business, etc.), then action may be taken against him for submitting a false certificate.

In view of the above reasons, it is not possible for a suspended Government employee to do some private work during his suspension to earn some extra money, such as by way of any other employment, business, profession or vocation.

About Dr. Ashok Dhamija

Dr. Ashok DhamijaDr. Ashok Dhamija is a New Delhi based Supreme Court Advocate, holds Ph.D. in Constitutional Law, is author of 3 law books, and is an ex-IPS officer. He is the founder of this law portal. Read more by clicking here. List of his articles. List of his Forum Replies. List of his Quora Answers.

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