Wednesday, 7 July 2021

Conduct & Disciplinary Rules - 22 : Article from Mr. K.V.Shridharan

 Conduct & Disciplinary Rules - 22 : Article from Mr. K.V.Shridharan


III.  Learn Conduct rules through Judicial judgments

1.    Charge of lack of devotion of duty to be proved

A Head Ticket Collector of the Railway was punished for poor collection of revenue on a charge of want of interest and lack of devotion to duty. The said punishment order was set aside because it was not established in the inquiry that poor earning was either intentional or due to slackness on his part.

[Debabrata Ghosh v. Union of India, 1989 (7) SLR CAT, Cal.708.]

2.    Participation in Strikes and Demonstrations, whether misconduct

A demonstration is a visible manifestation of the feelings or sentiments of an individual or group. It is thus the communication of one's ideas to others to whom it is intended to be conveyed. It is in effect a form of speech or of expression because, speech need not be vocal since signs by dumb persons would also be a form of speech. A demonstration might also take the form of an assembly and even then the intention is to convey to the person or authority to whom the communication is intended, the feelings of the group which assemble. From the very nature of things, a demonstration may take various forms. It may be noisy and disorderly. For instance stone throwing by a crowd may be cited as an example of a violent and disorderly demonstration, and it can equally be peaceful and, such as, when the members of the group merely wear some badges, drawing attention to their grievances. Therefore, any law which prohibits any form of demonstration by Government servants is violative of their fundamental rights under Article 19 (1) (b) of the Constitution.

[Kameshwar Prasad v. State of Bihar, 1962 Supp. (3) SCR 369; 1962 (13) FLR 50; 1962 (1) LLJ 294; AIR 1962 S.C. 1166.]

3.    Where a Government servant participates in various demonstrations organized in support of strike, which was declared illegal, it does not mean that he participated in the strike.

[O.K. Ghosh v. E. X. Joseph, AIR 1963 SC 812.]

4.    The fact that the citizens of this country have freedom of speech, freedom to assemble peacefully and freedom to form associations does not mean that they can exercise these freedoms at whatever place they may like.

[Railway Board v. Niranjan Singh, AIR 1969 SC 966.]

5.    A perfectly peaceful demonstration by wearing black-badges would not in any way prevent or is calculated to prevent transaction of the normal business of the Banking Company.

[ M. Ramu v. Government of India, AIR 1970 Mad. 331.]


Post a Comment