NAWAB HAIDER Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE constitutional validity of Sub rules (1) and (2) of Rule 6 of the Bihar Government Servant's Conduct Rules, 1976 (hereinafter as the 'Conduct Rules') is under challenging in this application under Articles 226 and 227 of the Constitution of India.

(2.) THE petitioner No. 1 is a Government servant in the department of Industries, Government of Bihar, and is presently posted on deputation as Cashier, Bihar State Textile Corporation Ltd. Petitioner No. 2 is his wife but she is admittedly not in Government service. The petitioners, it is stated, are interested in joining political parties for their all round development without prejudice to the implementation of the National Policy and official duties cast upon the Government servant. Their case is that the provisions of Sub rules (1) and (2) of Rule 6 of the Conduct Rules are violative of their fundamental rights enshrined under Articles 19(1)(c) and 21 of the Constitution of India inasmuch as they prohibit them from becoming a member of a political party. The framing of the Rules is said to be politically motivated to keep Government servant as second grade citizen by snatching away his/ her right to speech and expression guaranteed under Article 19(1)(a) of the Constitution. The petitioner has also expressed the apprehension that in case he is allowed to join politics after his superannuation he will become a very junior member of the party. The law debarring the Government servant and his family members from joining political parties, it is said, cannot be treated as reasonable restriction as it amounts to putting the Government servant and his whole dynasty is slavery by infringing their fundamental rights. The said provisions of the Conduct Rules have also been described as opposed to public policy.

(3.) THE Conduct Rules are for regulating the conduct of Government servants and applied to every person appointed to a civil service or posts in connection with the affairs of the State of Bihar and who are subject to the rule making powers of the Government, They impose a code of conduct on Government servants not only in reference to their official duties but in respect of their private lives as well. The provisions of Sub rule (2) of Rule 6 do not seek to impose any code of conduct or discipline on any member of the family including any dependant of a Government servant as defined in Clause (c) of Rule 2 of the Conduct Rules. What Sub rule (2) of Rule 6 of the Conduct Rules does it to impose a duty on the Government servant to endeavour to prevent any member of the family from doing the kind of acts mentioned therein. It does not require the Government servants to prevent them from committing those acts at all costs but only to endeavour i. e. to attempt to prevent the members of the family from committing act which is, or tends directly or indirectly to be subversive of the Government as by law established and in the event of failure of his attempt, the sub rule merely required him to make a report to that effect to the Government.