TMI Blog1962 (10) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... ociate himself from the activities of the said Association, though called upon to do so. As a result of his activities, on or about June 3, 1960, he was served with a charge-she sheet for having deliberately committed breach of Rule 4(b) of the Central Civil Services (Conduct) Rules, 1955 (hereinafter called the Rules). Appellant No. 1 0. K. Ghosh, Accountant-General, Maharashtra, who held the enquiry, found the respondent guilty of the charges levelled against him. Accordingly, a notice to show cause why he should not be removed from service was served on the respondent. On July 25, 1960, appellant No. 1 served a memo on the respondent intimating to him that it was proposed to hold an enquiry against him for having deliberately contravened the provisions of Rule 4(A) of the Rules in so far as he participated actively in various demonstrations organised in connection with the strike of Central Government employees and had taken active part in the preparations made for the said strike. On August 8, 1960, the respondent filed a I writ petition on the original side of the Bombay High Court under Art. 226 of the Constitution and prayed that a writ of certiorari should be issued t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taining to his condition of service,. whereas Rule 4-B lays down that no Government servant shall join or continue to be a member of any Service Association of Government servants : (a) which has not, within a period of six months from its formation, obtained the recognition of the Government under the Rules prescribed in that behalf, or (b) recognition in respect of which has been refused or withdrawn by the Government under the said Rules. The case against the respondent is that he has contravened both these Rules. The question about the validity of Rule 4-A has been the subject-matter of a recent decision of this Court in Kameshwar Prasad v. The State of Bihar ([1962] Supp. 3 S.C.R. 369). At the hearing of the said appeal, the appellants and the respondent had intervened and were heard by the Court. In that case, this Court has held that Rule 4-A in the form in which it now stands prohibiting any form. of demonstration is violative of the Government servants' rights under Art. 19(1)(a) (b) and should, therefore, be struck down. In striking down the Rule in this limited way, this Court made it clear that in so far as the said Rule prohibits a strike, it cannot be struck ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e having been expressly and specifically provided for, public' order cannot include the security of State, though in its widest sense it may be capable of including the said concept. Therefore, in clause (2), public order is virtually synonymous with public peace, safety and tranquility. The denotation of the said words cannot be any wider in clause (4). That is one consideration which it is necessary to bear in mind. When clause (4) refers to the restriction imposed in the interests of public order, it is necessary to enquire as to what is the effect of the words in the interests of . This clause again cannot be interpreted to mean that even if the connection between the restriction and the public order is remote and indirect, the restriction can be said to be in the interests of public order. A restriction can be said to be in the interests of public order only if the connection between the restriction and the public order is proximate and direct. Indirect or far-fetched or unreal connection between the restriction and public order would not fall within the purview of the expression in the interests of public order. This interpretation is strengthened by the other requirem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be in the interests of public order and can it be said, to be a reasonable restriction ? In our opinion, the only answer to these questions would be in the negative. It is difficult to see any direct or proximate or reasonable connection between the recognition by the Government of the Association and the discipline amongst, and the efficiency of, the members of the said Association. Similarly, it is difficult to see any connection between recognition and public order. A reference to Rule 5 of the Recognition of Service Association Rules recently made in 1959 would clearly show that there is no necessary Connection between recognition or its withdrawal and public order. Rule 5 enumerates different conditions by clauses (a) to (1) which every Service Association must comply with; and Rule 7 provides that if a Service Association recognised under the said Rules has failed to comply with the conditions set out in Rule 4, 5, or 6, its recognition may be withdrawn. One of the conditiOn imposed by Rule 5(1) is that communications addressed by the Service Association or by any office bearer on its behalf to the Government or a Government authority shall not contain any disrespectf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovisions of Rule 4-A in so far as he has participated actively in the various demonstrations organised in connection with the strike of Central Government employees and took part in the preparations made for the said strike. It will be noticed that the result of the decision of this Court in Kameshwar Prasad's([1962] Supp. 3 S.C.R. 369) case is that in so far 'as the rule prohibits any form of demonstration, it is invalid. It is not invalid in so far as it may prohibit participation in strikes. The charge against the respondent is not that he participated in any strike ; the charge is that he participated in the various demonstrations ; and that is a charge based upon that part of the rule which prohibits demonstrations altogether. It is true that the demonstrations in which he is alleged to have participated actively were organised in connection with the strike ; but that does not mean either in fact or in law that he participated in the strike itself. Similarly, the charge that he took active part in the preparations made for the said strike, also does not mean in fact or in law that he participated in the strike. If he joined demonstrations organised in connection with t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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