1. Teacher's entitlement to contest elections without resigning and returning to service — Rule 5. (Para 2 )
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1996 Supreme(SC) 1613
Supreme Court Of India
K. L. RINWA
Versus
KURUKSHETRA UNIVERSITY
Decided on : October 4, 1996
The judgment addresses whether a teacher can contest elections without resigning. It leaves open whether such actions constitute 'political activities' under Rule 5 but affirms the employer's right to take appropriate legal action against employees engaging in political activities.
Headnote:
Central Civil Services (Conduct) Rules, 1964, Rule 5 - Ban on indulging in political activities by Govt. servants - Question whether a teacher, while in service, is entitled to contest election without resigning before the date of filing the nomination and thereafter to come back and work as a teacher- The question whether the activities amount to political activities in terms of Rule 5 of the Rules left open- However, liberty given to the employer to take appropriate action against the employees indulging in political activities in accordance with law- Appeal dismissed. [Para 2]
Act Referred
CENTRAL CIVIL SERVICES CONDUCT RULES: R.5
Legal Category Hierarchy
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administrative law
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service law
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conduct rules
- political activity (Para 2)
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conduct rules
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service law
Table of Contents
2. Whether contesting elections without resignation constitutes prohibited political activity under Rule 5. (Para 2 )
3. The court observed that the question of whether such activities are political under Rule 5 remains open, allowing employer action according to law. (Para 2 )
4. Employers are permitted to take appropriate legal action against employees who engage in political activities. (Para 2 )
5. Appeal dismissed; employer granted liberty to take appropriate action against the employee. (Para 3 )
6. Does contesting an election without resigning constitute a political activity for a teacher?
The court left open the question of whether such activities amount to political activities under Rule 5, granting the employer liberty to take appropriate action in accordance with the law. (Para 2 )
7. What recourse does an employer have against employees engaging in political activities?
The employer is granted liberty to take appropriate action against employees indulging in political activities in accordance with the law. (Para 2 )
( 1 ) LEAVE granted.
( 2 ) THE question involved in this case is: whether a teacher, while in service, is entitled to contest election without resigning before the date of filing the nomination and thereafter to come back and work as a teacher. When the matter was referred, on similar question, to the Constitution bench, the Constitution Bench in Writ Petition (C) No. 393 of 1972 and batch of writ petition titled as Ravindra Kumar Dutta v. Union of India by order dated 8-7-1996 held that in view of the long lapse of time, the individual notices issued to each one of the petitioners had outlived their utility and the cases had become stale. The question whether the activities amount to political activities in terms of Rule 5 of the Rules was left open. However, liberty was given to the employer to take appropriate action against the employees indulging in political activities in accordance with law.
( 3 ) WITH similar liberty, the appeal is dismissed; but, in the circumstances, without costs.
