Section 4(2) in Rules Regarding Assistance to Government Servants in Criminal Cases Instituted by or Against Them, (1951)
(2)When Government declines to defend a Government servant, he may, on his own responsibilities and at his own expense, take such measures as he considers necessary, provided that they will not interfere with the performance of his official duties. In such a case if the final decision is in favour of the Government servant, Government will ordinarily reimburse such expenses, as it may consider to be reasonable.
