KAMESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioners have obtained a rule from the High Court asking the respondents, namely, the State of Bihar and the Deputy Secretary to the Government of Bihar, to show cause why a writ under Article 226 of the Constitution should not be issued for quashing Rule 4A of the Government Servants Conduct Rules, 1956, and commanding them to forbear from giving effect to that rule or otherwise interfering with the petitioners' right to go on strike or hold a demonstration.

(2.) Cause has been shown by the Solicitor General on behalf of the respondents to whom notice of the rule was ordered to be given.

(3.) Petitioner No. 1, Sri Kameshwar Prasad, is an Assistant in the Public Health Engineering Department of the Patna Secretariat, petitioner No. 2, Sri Dhanushdhari Prasad, is a clerk of the Civil Court, Monghyr; petitioner No. 3, Sri Ram Ekbal Singh, is an Assistant in the Construction Division, Patna; petitioner No. 4, Sri Jagannath Pandit, is a Reader of the Government Press, Gulzarbagh; petitioner No. 5, Sri Bindbyachal Prasad, is the Head Clerk of the Government Railway Police', Patna; and petitioneri No, 6, Sri K. S. Sabaya, is the Head Clerk of the Board of Secondary Education, Bihar, Patna. On 27th September, 1956, the Governor of Bihar promulgated the Bihar Government Servants Conduct Rules under the proviso to Article 309 of the Constitution. Rule 4 prohibits Government servants from taking part in politics and elections. Rule 4 states as follows: