The central legal point established in the judgment is the need for Government officials to obtain previous sanction for their participation in private bodies, as per the provisions of Rules, 1968.

Sudhir Agarwal and Mohd. Tahir, JJ. –

Heard Sri Raj Mohan Saggi, Advocate for petitioners and Sri Atiq Ahmad Khan as well as learned Standing Counsel for respondents.

2. It appears that there was a Non-Government Society, namely, Tulsi Smarak Samiti (hereinafter referred to as the "Society"), constituted sometimes in April, 1955 which included large number of social workers, businessmen enjoying high reputation and position at relevant time in public.

3. Initially, Sri C.B. Sharma, the then Deputy Minister (Revenue), Government of U.P., Lucknow, as public representative was shown as Secretary of Society. It was registered with Assistant Registrar, Chit, Fund and Societies, U.P. Lucknow. The document forming Society clearly shows that it was a private Society constituted at relevant time with objects to collect, promote and propagate Tulsi Literature; to raise Memorial and Memorials at different places in sacred memory of Tulsidas Ji; to train and educate Pracharaks, Katha Vachaks, Pandits and Vyases; and, to organise cultural, literary, dramatic and social activities. The bye-laws also show that, any one, believe in Society's objectives can become member of Society by subscribing requisite fee and admitted by President of Society forming opinion that such person would help to activities of Society. There is nothing in Society's Memorandum of Association to show that it was a Society constituted by Government for any public purposes.

4. It appears that with passage of time bye-laws of Society were amended and Government officials by office, namely, District Magistrate, Chitrakoot and Sub-Divisional Magistrate, Chitrakoot, were inducted as office bearers and Members in Society.

5. We requested learned counsel for parties to address us, under which law a Government official would be bound by bye-laws of a private society to act as its office bearer and whether such action on the part of concerned Government official(s) would not be a misconduct under U.P. Government Servants Conduct Rules, 1956 (hereinafter referred to as the "Rules, 1956") or if he is a Member of All India Services, then under the provisions of All Indian Service (Conduct) Rules, 1968 (hereinafter referred to as the "Rules, 1968").

6. Sri Ram Murti Tripathi, Sub-Divisional Magistrate, Mau is present and stated that since this practise was continuing for long, therefore, he has been functioning as Secretary of aforesaid Society but could not dispute that as a Government official he is not bound by terms, conditions and provisions, if any, made by any private society.

7. Sri Atiq Ahmad Khan, learned counsel appearing for respondent no. 3 contended that if there is a Society or body undertaking honorary work of social or charitable nature or literary, artistic or scientific character, there is no bar to a member of service from participating in the function of such body. He drew our attention to Rule 13(2) of Rules, 1968. We may reproduce entire Rule 13 as under:

"13. Private trade or employment.(1) Subject to the provisions of sub-rule (2), no member of the Service shall except, with the previous sanction of the Government,

(a) engage directly or indirectly in any trade or business, or

(b) negotiated for or undertake, any other employment, or

(c) hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not, or

(d) canvass in support of any business of insurance agency, commission agency etc. owned or managed by any member of his family, or

(e) take part, except in the discharge of his official duties, in the registration, promotion or management of any bank or other company registered or required to be registered under the Companies Act, 1956 (1 of the 1956) or any other law for the time being in force, or of any cooperative society for commercial purposes.

(f) Participate in, or associate himself in any manner, in the making of:

(i) a sponsored media (including radio, television) programme; or

(ii)