C.C.S. (C.C.A.) RULES, 1965 – AN INTRODUCTION
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.]
Sir
ReplyDeleteAbove Railway head ticket collector s judgement is good example for the replies in achievement of targets in government departments
is it correct sir?
Is it