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2001 Supreme(J&K) 187

T.S.DOABIA
Swadesh Mitter Bakshi – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Surinder Kour
Advocate For Respondent: J.P. Singh
Advocate For Respondent: Ravinder Gupta
Advocate For Respondent: S.S. Nanda
Advocate For Respondent: V.R. Wazir
Advocate For Respondent: L.K. Moza

1. Petitioner has come to this Court with a plea that respondent No. 4 who is a Reader in the University of Jammu, cannot take part in the political activity. It is stated that if he takes part in this activity, then, the respondent authorities are supposed to take disciplinary action against respondent No. 4.

2. The argument raised by the petitioner is that the service conditions of the employees of the University are governed by the Jammu and Kashmir Civil Service Classification Control and Appeal Rules, 1956. It is also stated that the services of respondent No. 4 are governed by the Jammu and Kashmir Employees (Conduct) Rules of 1971. It is accordingly submitted :-

(i) That the respondent No. 4 cannot take part in a political activity and cannot be a member of any political party,

(ii) That in case any Government servant including respondent No. 4 takes part in any political activity, then, he renders himself liable to disciplinary action.

3. The further submission which has been made by the petitioner is that respondent No. 4 is a public servant in terms of Section 21, sub-Clause 15 of the RPC and as such, in his capacity as public servant, he cannot take part in any political





































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