Can a doctor employed by the government also see paying patients at a private clinic? The answer is not the same across India. It depends on the doctor’s service conditions, state rules and whether private work interferes with public duty.
Why the issue is in the news
The Supreme Court recently refused to interfere with an investigation concerning government doctors allegedly engaged in private practice. The Court called it a serious issue. The case does not create one new rule for every doctor in India, but it highlights that violations of service conditions can lead to disciplinary or legal scrutiny.
There is no single national permission
Government doctors are employees of the Centre, a state government or a public institution. Their conduct is governed by the rules attached to that employment. Some governments prohibit private practice and pay a non-practising allowance. Others allow limited practice subject to written permission and strict conditions.
A doctor should therefore check the appointment letter, applicable service rules, hospital policy and state government orders. Registration with a medical council does not automatically give a government employee permission to run a private clinic.
When private practice becomes a problem
- Seeing private patients during government duty hours
- Referring patients from a public hospital to one’s own clinic
- Using government staff, medicines or equipment for private work
- Taking fees where service rules prohibit it
- Allowing private work to delay emergency or public-hospital care
What action can follow?
Possible consequences include a departmental inquiry, suspension, recovery of allowances, withholding of promotion or dismissal. If public resources are misused, or patients are dishonestly redirected for personal gain, other laws may also become relevant. The exact consequence depends on the evidence and applicable rules.
What doctors should do
Doctors should not rely on informal approval from a senior or on what colleagues commonly do. They should obtain the relevant rule in writing and seek formal permission where required. Hospitals should also publish a clear conflict-of-interest policy.
Patients can ask whether a referral is medically necessary and seek a second opinion. However, a doctor working in both sectors is not automatically guilty of misconduct. The key questions are whether private practice is permitted, whether public duty was compromised and whether government resources were misused.