Govt servant vs private ventures

Guest (Querist) 19 October 2011 This query is : Resolved
Can a govt employee run a private venture ? If yes under what circumstances and under what auth?

Follow Query

Report Abuse

kuldeep kumar (Expert) 20 October 2011
govt servant is employed contiued and paid by govt.he can not make pvt venture.

Sailesh Kumar Shah (Expert) 20 October 2011
Govt employee can't run private venture. however, he can run NGO (social activities without profit taking).

Guest (Expert) 20 October 2011
Any private employment or business venture by a Government servant is treated as misconduct on his part.

prabhakar singh (Expert) 20 October 2011
Once employed in service you can not indulge
or get engaged in any other venture during the course of appointment,not only service rules of government bars you from doing so but also even organised sector private companies are found with this kind of
service rules.

Guest (Querist) 20 October 2011
As per JAG Army URCs are private ventures and under no stretch of imagination their employees are employees of Govt or CSD.Those are exact words from a verdict of SC civil appeal No 3495 of 2005 decided on 28 Apr 2009. Lat me paste para 8 of the verdict for your ready ref:

"Para 8.This Court further went wrong in holding that URCs are parts of CSDs
when it has been clearly stated that URCs are purely private ventures and their employees are by no stretch of imagination employees of the Government or CSD."

Those learned jag Br Army personnel went one step further and inferred in reply to my RTI query( and now being quoted by even the CSD auth:-

" Hence URCs are not instrumentally of the state , therefore are not covered under RTI Act 2005.

Now again for your ready ref let me paste para 10 of the SC ruling in that same case :-

"10. The question whether the URC can be treated as an instrumentality of the State does not fall for consideration as that aspect has not been considered by CAT or the High Court. Apparently, on that score alone we could have dismissed the appeal."

If we take the inference as the extention of SC ruling and confirm that URCs are private ventures can the military bosses in three services run such private ventures without attracting violation of rule of the land.
Pl advice.

Guest (Querist) 12 November 2011
I need some clarification from Shailesh Kumar Singh on the issue. How NGOs are exempted? The Armed forces personnel will take the shelter with some positive help from the bureaucrats in the ministry of Defence ( as well as Offence sorry Finance or ministry of Social justice and empowerment who doles out crores to Trusts and Mistrusts) that Armed forces are running NGOs in the forms of Unit Run Canteens for the welfare of the troops.Pl help us to widen our horizon how and under which provisions NGOs are exempted in the instant case?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries