Conduct & Disciplinary Rules – 42

Case Law on Conduct rules

41. 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.] .

42.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.]

43. 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.]

44. 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.] Becoming a member of an unrecognised association - Whether an act of misconduct

45. As per the law laid down by the Supreme Court, the Government cannot compel an employee to become a member only of a recognised association. Therefore, becoming a member of an unrecognised association does not constitute an act of misconduct.

Right to form association is a fundamental right. Art. 19 (1) of the Constitution lays down as follows :

"19 (1) All citizens shall have the right - (c) to form associations or unions : X X X X X X X X X X

(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

It is an unreasonable restriction to compel employees to obtain permission of the authorities before forming union and to prohibit them from becoming members of union not constituted in accordance with the orders of Government. In this case, it was observed that even though Government as employer might choose to recognise one association only as representative of a particular class of employees, it could not prevent the employees from becoming members of other associations which were lawful nor make the previous permission of Government a condition precedent for the exercise of the employees' right to become a member of an association.

[Ramakrishnaiah v. Dist. Board, AIR 1952, Mad. 253]