The restrictions imposed on government servants under the impugned provisions of the Conduct Rules were reasonable and necessary to maintain discipline and efficiency in the civil services of the State.

Naresh Kumar Sinha and J JJ.

1. -the constitutional validity of sub-rules (1) and (2) of Rule 6 of the Bihar Government Servants Conduct Rules, 1976 (hereinafter as the "conduct Rules") is under challenging in this application under Articles 226 and 227 of the Constitution of India.

2. The petitioner No.1 is a Government servant in the department of Industries, Government of Bihar, and is presently posted on deputation as Cashier, Bihar State Textile Corporation Ltd. petitioner No 2 is his wife but she is admittedly not in government service. The petitioners, it is stated, are interested in joining political parties for their all round development without prejudice to the implementation of the National Policy and official duties cast upon the government servant. Their case is that the provisions of sub-rules (1) and (2) of Rule 6 of the Conduct Rules are violative of their fundamental rights enshrined under Articles 19 (1) (c) and 21 of the Constitution of India inasmuch as they prohibit them from becoming a a number of a political party. The framing of the Rules is said to be politically motivated to keep government servant as second grade citizen by snatching away his/her right to speech and expression guaranteed under article 19 (1) (a) of the Constitution. The petitioner has also expressed the apprehension that in case he is allowed to join politics after his superannuation he will become a very junior number of the party. The law debarring the government servant and his family members from joining political parties, it is said, cannot be treated as reasonable restriction as it amounts to putting the government servant and his whole dynasty is slavery by infringing their fundamental rights. The said provisions of the conduct Rules have also been described as opposed to public policy.

3. We have heard at length learned counsel for the petitioners and the learned Advocate-General after he informed us that no counter-affidavit was being filed on behalf of the State. The Governor of Bihar in exercise of the powers conferred by the proviso to Article 309 of the Constitution of india has been pleased to make certain Rules to regulate the conduct of government servants and the relevant provisions of Rule 6 of the said Rules are, to quote 2-

"6. Taking apart in politics and election- (1) No Government servant shall be a member of or be otherwise associated with any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity. (2) It shall be the duty of every Government Servant to endeavour to prevent any member of the family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity, which is, or tends directly or indirectly to be, subversive of the Government as by law established and where a Government servant is unable to prevent a member of his family from taking part in, or subscribing in aid of, assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Government. "

The contention being raised on behalf of petitioner No.2 that the relevant conduct Rules either prohibit or debar her from joining any political party is entirely misconceived. She is not a government servant and as wife of petitioner No.1, a government servant, nothing in sub-rules (1) or (2) of rule 6 of the Conduct Rules prohibited her from joining any political party.

4. The Conduct Rules are for regulating the conduct of government servants and applied to every person appointed to a civil service or posts in connection with the affairs of the State of Bihar and who are subject to the rule making powers of the Government. They impose a Code of conduct on government servants not only in reference to their official duties but in respect of their private lives as well. The provisions of sub-rule (2) of Rule 6 do not seek to impose any Code of cond