The Haryana Civil Services (General) Rules, 2016 provide a detailed procedure for handling reinstatement after suspension under Rules 39 to 45. These rules ensure that when a suspended employee is reinstated, their pay, leave, and service benefits are decided in accordance with the outcome of the disciplinary or judicial proceedings. Rule 43 in particular governs the treatment of suspension period and pay entitlement upon reinstatement.
1️⃣ Meaning of Reinstatement after Suspension
- Reinstatement means that the Government employee is formally allowed to resume duty after the completion of disciplinary or judicial proceedings.
- It does not automatically restore all benefits — they are determined by the final decision of the competent authority under these rules.
- The reinstatement order must clearly mention:
- Whether the suspension period is to be treated as duty or leave,
- What pay and allowances will be admissible, and
- From which date reinstatement takes effect.
2️⃣ Rule 43 – Treatment of Suspension Period
This is the **most important rule** for reinstatement cases. It specifies how the suspension period is counted for pay and service purposes.
(a) When Employee is Fully Exonerated
- If the disciplinary or court case ends in complete exoneration (no fault found), then:
- The entire suspension period is treated as **spent on duty**, and
- The employee receives **full pay and allowances** for that period.
- All increments, leave, and pension benefits are restored as if no interruption occurred.
(b) When Partly Guilty or Penalized
- If the employee is found guilty of some charges but not dismissed, or awarded a minor penalty:
- The suspension period may be treated as **half on duty and half as leave**, or
- As **leave without pay**, depending on the gravity of misconduct.
- The authority has full discretion to decide the proportion of duty and leave treatment.
(c) When Dismissal/Removal Set Aside on Appeal
- If dismissal or removal is later revoked on appeal, the reinstating authority must decide:
- Whether the period from dismissal to reinstatement counts as duty or leave, and
- Whether back pay is admissible fully, partly, or not at all.
- Normally, if acquitted honorably, the entire period is treated as duty with full pay.
3️⃣ Pay & Allowances after Reinstatement
- The employee’s pay is fixed as follows:
- If the period is treated as duty → full pay and allowances for that time.
- If treated as leave → leave salary as per leave rules.
- If treated as suspension → subsistence allowance already paid is adjusted.
- Any excess payment or shortfall is settled by adjustment in subsequent salary bills.
- Dearness Allowance (DA), HRA, and other compensatory allowances become payable from the date of reinstatement.
Note: Rule 42 covers the subsistence allowance payable during suspension, while Rule 43 governs final pay adjustment after reinstatement.
4️⃣ Leave and Service Benefits during Suspension
- Leave cannot be earned or taken during the period of suspension.
- However, if the period is later treated as duty (after exoneration), leave is credited retrospectively for that period.
- For pension purposes:
- If treated as duty → suspension period counts as qualifying service.
- If treated as leave without pay → it does not count for pension unless Government orders otherwise.
5️⃣ Seniority & Promotion after Reinstatement
- When reinstated with full benefits:
- Seniority is restored as if there was no break in service.
- Employee becomes eligible for promotions and increments that fell due during suspension.
- If reinstatement is conditional (without full exoneration):
- Seniority may be restored prospectively from the date of reinstatement only.
- Promotions are not automatic — they depend on departmental review.
6️⃣ Rule 45 – Reinstatement Procedure
Under Rule 45, the following formalities must be completed at the time of reinstatement:
| Step | Action | Responsible Authority |
|---|---|---|
| 1 | Disciplinary or judicial proceedings concluded. | Inquiry Officer / Court |
| 2 | Competent authority issues reinstatement order with pay & service treatment. | Appointing Authority |
| 3 | Pay fixation done and arrears/subsistence allowance adjusted. | Head of Office / DDO |
| 4 | Service record, leave account, and seniority register updated. | Establishment Section |
✅ Summary Table – Rules 39–45 (Suspension to Reinstatement)
| Rule No. | Subject | Key Provision |
|---|---|---|
| 39 | Grounds for Suspension | Pending inquiry or criminal case; in public interest. |
| 40 | Competent Authority | Appointing or higher authority may suspend. |
| 41 | Effect of Suspension | Employee barred from duties but remains in service. |
| 42 | Subsistence Allowance | 50% pay; revised to 75% or 25% after 3 months. |
| 43 | Treatment on Reinstatement | Suspension period counted as duty or leave based on result. |
| 44 | Review & Revocation | Suspension reviewed every 6 months; may be revoked anytime. |
| 45 | Reinstatement Procedure | Formal order with pay, seniority, and service status clarified. |
FAQs – Reinstatement after Suspension in Haryana Government
1. Who can reinstate a suspended Haryana Government employee?
The same authority that ordered suspension or any higher authority may issue reinstatement orders under Rule 45.
2. What pay is given after reinstatement?
Pay depends on how the suspension period is treated — full pay if treated as duty, or adjusted against subsistence allowance if treated as suspension.
3. Does the suspension period count for pension?
Yes, if treated as duty. Otherwise, it does not count unless specifically approved by the Government.
4. Can the employee claim promotion for the suspension period?
Only if exonerated and the suspension is treated as duty; otherwise, promotion may be deferred.
5. Who decides how the suspension period is treated?
The competent appointing authority decides in the reinstatement order under Rule 43.
6. What happens if an employee is acquitted in a criminal case?
If acquitted honorably, the entire suspension period counts as duty, and full pay and allowances are restored.
Conclusion
The Reinstatement after Suspension Rules (Rules 39–45) of the Haryana Civil Services (General) Rules, 2016 ensure fairness to employees while maintaining administrative discipline. They provide a transparent method for determining pay, leave, and service benefits after reinstatement, based on the outcome of proceedings and the principle of “no work, no pay” balanced with justice.
Source: Official Haryana Civil Services (General) Rules 2016 PDF – Finance Department, Government of Haryana.