The Haryana Civil Services (General) Rules, 2016 define in Rules 39 to 45 the complete procedure regarding suspension, salary during suspension, subsistence allowance, reinstatement, and treatment of service period. These rules ensure that disciplinary proceedings are conducted fairly while safeguarding both administrative discipline and employee rights.
1️⃣ Rule 39 – Circumstances for Suspension
- An employee may be placed under suspension in the following cases:
- When disciplinary proceedings against them are contemplated or are pending;
- When criminal proceedings involving moral turpitude are under investigation or trial;
- When they are detained in police or judicial custody for more than 48 hours;
- When continuance in office is considered prejudicial to public interest or likely to affect investigation.
- Suspension may be ordered by the appointing authority or an authority superior to it.
- The order must be in writing and take effect immediately upon issue or communication to the employee.
Note: Suspension is not a punishment but a temporary measure to ensure free and fair inquiry.
2️⃣ Rule 40 – Authority Competent to Suspend
- Only the appointing authority or an authority higher than it can order suspension.
- Subordinate officers cannot issue suspension orders unless delegated specific powers by the Government.
- Every suspension order must specify the rule or reason under which it is made.
3️⃣ Rule 41 – Effect of Suspension and Control
- During suspension:
- The employee remains a Government servant but is **barred from exercising powers or duties of office**.
- He/She continues to be under administrative control and subject to all service and conduct rules.
- He/She must reside at the station indicated in the suspension order unless permitted otherwise.
- Any violation of conduct rules during suspension may invite separate disciplinary action.
4️⃣ Rule 42 – Subsistence Allowance During Suspension
(a) Initial Entitlement
- During suspension, the employee is entitled to a subsistence allowance equal to:
- 50% of basic pay last drawn, and
- Admissible dearness allowance (DA) on the reduced pay.
(b) Review After Three Months
- The subsistence allowance must be reviewed after every 90 days (3 months):
- If delay in inquiry is not due to the employee’s fault → allowance may be **increased up to 75%** of pay.
- If delay is caused by the employee → allowance may be **reduced up to 25%**.
(c) Other Allowances
- House Rent Allowance (HRA) and Conveyance Allowance are not admissible unless specifically permitted by Government orders.
- Medical reimbursement and leave salary accruals are suspended during the period.
Rule Reference: Rule 42 – Haryana Civil Services (General) Rules 2016.
5️⃣ Rule 43 – Treatment of Suspension Period after Reinstatement
- After reinstatement, the competent authority must issue a written order stating:
- Whether the suspension period shall be treated as duty or leave without pay, and
- What pay and allowances the employee shall be entitled to for that period.
- If the employee is exonerated or the proceedings end in their favor → the entire suspension period shall be treated as spent on duty and full pay/allowances restored.
- If the employee is found guilty → the suspension period may be treated as leave without pay or partly on duty as decided by the authority.
6️⃣ Rule 44 – Continuation, Revocation & Review of Suspension
- Suspension shall be reviewed by the competent authority at least once every six months.
- If proceedings are delayed without justification, suspension should be revoked and the employee reinstated.
- Authority may revoke suspension any time if considered no longer necessary in public interest.
Note: Revocation does not amount to exoneration; disciplinary proceedings may continue.
7️⃣ Rule 45 – Reinstatement after Suspension
- After completion of inquiry or acquittal in a court case, the employee may be reinstated to:
- The same post held before suspension, or
- An equivalent post in the same cadre.
- On reinstatement, the employee becomes eligible for:
- Pay and allowances as determined under Rule 43, and
- Restoration of seniority as per departmental decision.
- The order of reinstatement must specify whether the suspension period counts for promotion, leave, or pension purposes.
✅ Quick Reference Table – Suspension Rules (Rules 39–45)
| Rule No. | Subject | Key Provisions |
|---|---|---|
| 39 | Grounds for Suspension | Pending disciplinary/criminal proceedings, or public interest. |
| 40 | Competent Authority | Appointing authority or higher officer can order suspension. |
| 41 | Effect of Suspension | Employee barred from duties; remains under service control. |
| 42 | Subsistence Allowance | 50% of pay initially; 75% or 25% on review every 3 months. |
| 43 | Treatment after Reinstatement | Period may count as duty or leave depending on inquiry result. |
| 44 | Review & Revocation | Suspension reviewed every 6 months; can be revoked anytime. |
| 45 | Reinstatement | Post restored after acquittal or completion of proceedings. |
FAQs – Suspension Rules in Haryana Government
1. Who can suspend a Haryana Government employee?
Only the appointing authority or a higher authority can order suspension under Rule 40.
2. How much salary is paid during suspension?
50% of the last drawn pay plus admissible DA; revised to 75% or 25% after 3 months depending on case progress (Rule 42).
3. Is suspension considered a punishment?
No. It is a temporary measure pending inquiry or investigation (Rule 39).
4. What happens after reinstatement?
The authority decides whether the suspension period counts as duty or leave based on inquiry outcome (Rule 43).
5. How often is suspension reviewed?
At least once every six months to assess necessity (Rule 44).
6. Can an employee claim full pay after suspension?
Yes, if fully exonerated or case withdrawn — the entire suspension period is treated as duty (Rule 43).
Conclusion
The Suspension Rules (Rules 39–45) under the Haryana Civil Services (General) Rules, 2016 maintain a fair balance between administrative control and employee protection. They clearly define the suspension process, salary entitlement, and review mechanism, ensuring justice, transparency, and efficiency in disciplinary administration.
Source: Official Haryana Civil Services (General) Rules 2016 PDF – Finance Department, Government of Haryana.