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1965 Supreme(Kar) 99

K.BHIMIAH, K.S.HEGDE
MANMOHAN (B. ) – Appellant
Versus
STATE OF MYSORE – Respondent


HEGDE, J.

( 1 ) THESE petitions, under Art. 226 of the Constitution, raise and identical question of law, namely, whether rule 7 of the Mysore Government Servants Conduct Rules, 1957, to be hereinafter referred to as the rules is violative of Art. 19 of the Constitution.

( 2 ) WRIT Petition No. 1248 of 1965 raises an additional contention, namely, that in addition to the aforesaid rule 7, rule 10 is also violative of Art. 19 of the Constitution.

( 3 ) THE petitioners are members of the executive committee of the Mysore State Non-Gazetted officers' Association, to be hereinafter referred to as the association. They have been served with notice dated 25 June, 1965, requiring them to show cause as to why disciplinary action should not be taken against them for publishing certain objectionable statements in the pamphlet entitled "saga of our struggle. " It is said that those statements contravene rule 7 (1) of the rules. The passage in the pamphlet objected to, reads :

"to make matters worse, the Government who are embarrassed at the unusual upsurge of non-gazetted officers throughout the State in their frantic efforts to curb the movement, have resorted to such unwise and hasty tac






































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