SWADESH MITTER BAKSHI Vs. STATE

JUDGEMENT

(1.) PETITIONER has come to this Court with a plea that respondent No. 4 who is a Reader in the University of Jammu, cannot take part in the political activity. It is stated that if he takes part in this activity, then, the respondent authorities are supposed to take disciplinary action against respondent No. 4.

(2.) THE argument raised by the petitioner is that the service conditions of the employees of the University are governed by the Jammu and Kashmir Civil Service Classification Control and Appeal Rules, 1956. It is also stated that the services of respondent No. 4 are governed by the Jammu and Kashmir Employees (Conduct) Rules of 1971. It is accordingly submitted : -

(3.) THE further submission which has been made by the petitioner is that respondent No. 4 is a public servant in terms of Section 21, sub -Clause 15 of the RPC and as such, in his capacity as public servant, he cannot take part in any political activity. It is also submitted that the University of Jammu is a corporate body having a perpetual succession and being a creation of Statute is to be treated like any other Government authority. What is sought to be urged is that if a Government servant cannot take part in any political activity, then, the same parameters should apply to the employees of the University.