SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1986 Supreme(SC) 230

SUPREME COURT OF INDIA
M.M.Dutt : O.Chinnappa Reddy
Ravindra Kumar Dutta: Yadram Agarwal: Ramchandra Singh
Versus
Union Of India
Case No. : 393 of 1972
Date of Decision : 7/22/86

Headnote:

Civil Services (Conduct) Rules, 1964 - Rule 5 – Constitution of Indai,1950 - Article 19( 1) (a) and (c) - Registry will seek appropriate - Effect of which is to ban government employees from participation in any form of political activity - He contends that ban offends Article 19( 1) (a) and (c) and that it is not protected by clauses (2) and (4) of Article 19 as it cannot be said to have been imposed in interest of sovereignty and integrity of India or public order or morality – Held, Relies upon decisions of this court in Commissioner of Police and State of which to extent that they go appear to support his contention - Question raised is of great importance and acceptance of contention may lead to complete revision of accepted Civil Service Philosophy - Court think it is desirable that these matters should be heard by a Constitution bench – Order Accordingly

(1) DR Chitale has squarely raised the question of vires of Rule 5 of central Civil Services (Conduct) Rules, 1964 the effect of which is to ban government employees from participation in any form of political activity. He contends that the ban offends Article 19( 1) (a) and (c) and that it is not protected by clauses (2) and (4) of Article 19 as it cannot be said to have been imposed in the interest of the sovereignty and integrity of India or public order or morality. Dr Chitale relies upon the decisions of this court in Acharya Jagdishwaranand Avadhuta v. Commissioner of Police and State of M.P. v. Ranashanker Raghuvanshi, which to the extent that they go, appear to support his contention. The question raised is of great importance and the acceptance of the contention may lead to complete revision of the accepted Civil Service Philosophy. We think it is desirable that these matters should be heard by a Constitution bench. The Registry will seek appropriate directions from the Honble chief justice.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top