51. Participation of demonstration does not mean participation of strike
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.]
52. Wearing black-badges would not prevent transaction
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.
53.
Employee is having the right to be member of any association
In
this case, it was observed that even though Government as employer might choose
to recognize 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]
54.
Association with political party - Breach of Conduct Rules
A
civil servant like any other citizen is entitled to the freedom of political
conviction. But by virtue of his special obligations as a civil servant, he is
debarred from giving expression to his conviction in a manner which will
interfere with his official duties as a loyal Government servant. Therefore,
any rule regulating the conduct of Government servants which prohibits
Government servants from taking active part in politics amounts only to a
reasonable restriction and cannot be struck down as infringing any of the
freedoms guaranteed under Art.19 of the Constitution.
[P.N. Rangaswamy v. Commissioner of
Coimbatore, AIR 1968 Madras, 387.]
55.
Criticism of Government - Whether misconduct
A
rule which prohibits the Government servants from publishing any document or
making any public utterances, critical of any current or recent policy or
action of the Government amounts to a blanket restriction on their freedom of
speech and expression and prohibits them from making public utterance, even if
it be an utterance relating to their conditions of service, and even at a
meeting of the Government servants, if it has the effect of any adverse
criticism of any current or recent policy or action of the Government. A rule
of this kind cannot be a reasonable restriction of the Fundamental Rights
guaranteed under Art. 19 (1) (a) of the Constitution
(B. Manmohan V State of Mysore 1966 (1)
Mys.L.J.23)
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