8. A dignified protest cannot be condemned, There is no moral or equitable justification to go on strike, Demonstration is peaceful, outside office hour and for a genuine cause

36. A conduct not in the course of employment cannot be a misconduct.

Similarly, a conduct which is not misconduct as per conduct rules cannot be the subject matter of disciplinary action against a government servant. (In this case convicted for a domestic quarrel. Action under rule 19(1) CCA Rules struck down).

Krishnan Kutty XSSPOs 1975 KLT 503 H.C

37. A dignified protest cannot be condemned

Protest silent march was held by the employees during break hours when there were no classes, on two days, despite warning by the Principal, but there were no speeches, no chanting or shouting of slogans, no violence and disruption of studies. The Supreme Court held it a dignified protest which should evoke sympathy. The Court observed -

“The behaviour of the teachers appears to have been orderly and exemplary. One would have thought that the teachers were, by their silent and dignified protest, setting an example and the soundest of precedents to follow to all agitators everywhere." (para 19, AIR)

It was wrong to pass orders of suspension of employees.

[Frank Anthony P.S. E. Assn. v. Union of India, (1987)1 SCR 238: AIR 1987 SC 311]

38. There is no moral or equitable justification to go on strike

"Apart from statutory rights, Government employees cannot claim that they can take the society at ransom by going on strike. Even if there is injustice to some extent, as presumed by such employees, in a democratic welfare State, they have to resort to the machinery provided under different statutory provisions for redressal of their grievances. Strike as a weapon is mostly misused which results in chaos and total maladministration."

[T.K. Rangarajan v. Government of Tamil Nadu, 2003 AIR SCW 3807, para 20).

39. Where demonstration is peaceful, outside office hour and for a genuine cause, violation of prohibitory orders may not be taken that seriously

The three appellants along with 27 others had gone in a procession, in spite of prohibitory order, to represent, to the Supdt. of Police at his residence, their grievance of inadequate accommodation and other facilities not provided to them. That was done after their duty was over in the evening. For the making of such representation and for violating the prohibitory order, an inquiry was conducted against the three appellants who had taken initiative and led the procession, and they were dismissed from service. The order of dismissal was confirmed in appeal. The High Court had upheld the order. On appeal, the Supreme Court set aside the order of the High Court and the penalty of dismissal imposed on them. However, the Supreme Court directed the respondents to impose the penalty of stoppage of one increment without cumulative effect. They were also held entitled to re-instatement with all the consequential benefits. The Hon'ble Court observed:

"It is true that the appellants are disciplined members of the police force. The grievance of inadequate accommodation provided to them is a legitimate grievance to be represented to the officer for its redressal. No doubt, prohibitory order was issued and there is violation thereof; however, the appellants marched peacefully to make their representation. Under these circumstances, it cannot be said that they have committed misconduct warranting extreme penalty of dismissal from service.”

[Bishan Singh v. State of Punjab, 1997 Lab. IC (SC) 2658]

 

40. Unauthorised absence Order of dismissal invalid

    The Punjab and Haryana High Court in the case of ex. Constable Balwant Singh v. State of Haryana, reported in A.T.J. 1999 (2) p. 113, has held that when the employee was under treatment for ulcer in a hospital during the period of absence, such absence from duty cannot be said to be the gravest misconduct. The High Court, therefore, held the order of dismissal from service was not warranted. The punishment order was quashed and reinstatement ordered.

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