Upgrad LLM

can a suspended govt. employee earn money during suspension


Does a suspended government employee have the freedom to earn money through private work during the suspension period?

 
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self working

as per my point of view yes but lets see what are respected jurist want to say in this point if possible some one can give the case law also .

 
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Bank Executive (Retired)

Suspended employee will not be eligible for subsitence allowance if he is gainfully employed elsewhere during the period  of suspension

 
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COMPANY SECRETARY

A suspended employee is entitled to "subsistence allowance". In order to get this subsistence allowance, he has to submit  certificates every month stating that he is not working anywhere. By implication this means that a suspended government employee is free to work and earn money during suspension. He can even join another job. However, in that case he cannot submit the monthly certificates. [If he submits false certificates to get subsistence allowance, and subsequently it is found out that the certificates were  false, then it would amount to fraud and cheating - a greater misconduct which may lead to termination even and no advocate will be able to defend you].

However, there is a way to earn money legally even during suspension.  First of all, check the language of relevant certificate to be submitted by the suspended employee (You can find it from Civil Service Rules applicable on the employee).  Usually, the language is "I hereby certify that during the calendar month of ......., I was not engaged in any other employment, business, profession or vocation."    This means that  you can earn money in any manner (except through employment, business, profession or vocation).  In other words, you can accept "honorarium", "reimbursement" and things like that.

The best course will be to do a work, which does not involve generation of a record (such as doing tuition work, starting trading or other activities in the name of spouse, etc.).  REMEMBER -  WHERE THERE IS A LAW, THERE IS A LOOPHOLE and WHERE THERE IS A WILL, THERE IS A WAY (or is it "Where there is a will there is a will not also " !.


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COMPANY SECRETARY

Dear Shri Soni,

The provisions as to suspension are contained in Central/State Civil Service Rules applicable to you.  (Even if you are working in a government Corporation, CSR applies to you).   You are deemed to know the same even if you have not read the same.  The law in general is that the employer can suspend an employee pending charge sheet and enquiry.  (Some States like Haryana have made the rule that  if charge sheet is not issued within three months, then the suspension is illegal).   The employee has a right to receive "subsistence allowance" (usually 50% of salary for first six months and 75% thereafter) on production of certificate mentioned by me in my previous message.  This right is so important that in some cases the courts have held that non payment of subsistence allowance vitiates the enquiry if  non-payment causes prejudice to the employee.

Best wishes

 
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HR assistant

The general rule is that every body knows the law either you are literate or not. You are at liberty to follow or reject Mr.SK Verma suggestion which is just and logical.

 
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lawyer

 

Before answering this query, It is necessary to make it clear that suspension of employee does not mean cession of employer employee relationship. During the period of suspension the suspended employee is in the employment of employer and all the rules, regulation and conditions of service are applicable to him as are applicable to other employees. Moreover, the employee is being paid subsistence allowance for suspension period. Thus he can not earn by way of dual employment during the suspension period too.

 


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