H.L. SETHI Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) The Petitioner is a Sanitary Inspector in the Municipal Corporation of Simla. On September 3, 1970, he received a notice from the Corporation that it was proposed to proceed against him under Rule 7 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952 in respect of a number of charges.

(2.) It is admitted between the parties that the proceedings intended against the Petitioner relate to a contravention of Bye -law No. 15 of the Municipal Committee Service Conduct Bye -laws, 1951. Bye -law No. 15 provides:

(3.) As the title of the Bye -laws indicates, they are intended to lay down rules of conduct binding servants of the Municipal Committee, Simla. They are rules of conduct which the Municipal Committee has formulated for the purpose of ensuring a disciplined and efficient staff and for preventing its employees from abusing their position or from corrupting their office. A brief resume of the Bye -laws will demonstrate that Bye -law No. 3 prohibits a Municipal servant from accepting a gift except with the previous sanction of the President of the Municipal Committee. Bye -law No. 4 prohibits him from asking for or accepting any subscription or other pecuniary assistance without the previous sanction of the President. According to Bye -law No. 6, a Municipal servant is not permitted to lend or borrow money to or from any member or servant of the Municipal Committee or a person residing within the Municipal limits so as "to deflect him from the proper discharge of his duties". Bye -law No. 7 imposes restriction on his right to acquire immovable property within the limits of the Municipal Committee. Bye -law No. 8 places restrictions on an employee in the matter of making investments which tend to embarrass or influence him in the discharge of his duties. Bye -law No. 9 prohibit him from engaging in any trade or undertaking employment out side his public duties. Bye -law No. 10 is concerned with cases of insolvency and habitual indebtedness of a Municipal servant. Bye -law No. 11 enjoins upon a Municipal servant to keep official information confidential. Under Bye -law No. 12 he is prohibited from owning or conducting or participating, without the previous sanction of the Committee, in the editing or management of a newspaper or other periodical publication. Bye -law No. 13 restrains him from participating in or assisting any political movement. Bye -law No. 14 prohibits him from canvassing or otherwise using his influence in connection with a candidate in an election to a local body or a legislative body and from himself standing as a candidate for such election. Bye -law No. 15 has already been set out. Bye -law No. 16 prohibits a Municipal servant from ventilating through the press any personal or general grievances relating to service or to Municipal Committee matters. The Bye -laws were made in 1951, and this brief outline indicates the general purpose for which they have been framed. The validity of Bye -law No. 15 alone has been assailed, and that question may now be specifically considered.