O.K. GHOSH AND ANOTHER versus E. X. JOSEPH

O.K. GHOSH AND ANOTHER versus E. X. JOSEPH

Rule 4(A) of the Central Civil Services (Conduct) Rules, 1955, is invalid insofar as it prohibits demonstrations, since this restriction is not a reasonable restriction in the interests of public order under Article 19(4). Rule 4(B), requiring government servants to dissociate from service associations after withdrawal of government recognition, is also invalid as it imposes an unreasonable restriction on the right to form associations under Article 19(1)(c). Departmental proceedings based on the invalid parts of these rules are to be quashed.

Parties
Appellants/respondents: O. K. Ghosh & Union of India; Respondent/appellant: E. X. Joseph
Jurisdiction
India
Judgment Date
30 October 1962
Procedural Posture
Civil Appeals Nos. 378 and 379 of 1962 / Supreme Court Appeals by Special Leave From Judgment and Order of Bombay High Court Dated January 18, 1961
Outcome
Appeal 378/62 dismissed; Appeal 379/62 allowed
Legal Topics
Service Rules, Government Servants' Rights, Freedom of Association, Validity of Administrative Rules, Art. 19 Constitution of India
Constitutional Law Administrative Law Service Law Service Rules Government Servants' Rights Freedom of Association Validity of Administrative Rules Art. 19 Constitution of India

Case Brief

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Parties

O. K. Ghosh & Union of India

Appellants/respondents

E. X. Joseph

Respondent/appellant

Procedural Posture

Civil Appeals Nos. 378 and 379 of 1962 / Supreme Court Appeals by Special Leave From Judgment and Order of Bombay High Court Dated January 18, 1961

Legal Issues

  1. 1 Whether Rule 4(A) of the Central Civil Services (Conduct) Rules, 1955, prohibiting demonstrations/strikes, violates fundamental rights under Article 19 of the Constitution
  2. 2 Whether Rule 4(B) which prohibits government servants from joining unrecognised service associations, contravenes Article 19(1)(c)
  3. 3 Whether restrictions imposed by these rules are reasonable and in the interests of public order as required by Article 19(4)

Ratio Decidendi

Rule 4(A) of the Central Civil Services (Conduct) Rules, 1955, is invalid insofar as it prohibits demonstrations, since this restriction is not a reasonable restriction in the interests of public order under Article 19(4). Rule 4(B), requiring government servants to dissociate from service associations after withdrawal of government recognition, is also invalid as it imposes an unreasonable restriction on the right to form associations under Article 19(1)(c). Departmental proceedings based on the invalid parts of these rules are to be quashed.

Court Disposition

Appeal 378/62 dismissed; Appeal 379/62 allowed

Orders

  • Departmental proceedings against E. X. Joseph for alleged contravention of rules 4-A and 4-B are quashed.
  • No order as to costs in appeal 379/62.