CONSTITUTIONAL POSITION OF FUNDAMENTAL RULES RELATED TO GOVERNMENT SERVANTS, UNDER ARTICLE 19(1) OF THE CONSTITUTION AND EXPLANATION MADE BY THE, CCS(CONDUCT) RULES:-
Conduct of Government servants, under proviso to Article 309 of the constitutional provides for rules regulating the recruitment and conditions of service of persons appointed to Government services and posts, Accordingly the rights provided in Article 19(1) of the Constitution are also subject to reasonable restrictions, if any, imposed under the rules framed under proviso to Article 309 of the Constitution, in so far as the Government servants are concerned. As such various rules have been framed under proviso to Article 309 and some of the provisions of such rules which imposed reasonable restrictions are given below:-- CCS. (Conduct) Rules:- The centre civil services (Conduct) Rules, 1964 impose various restrictions on the rights conferred by Article 19(1) of the Constitution in so far as the Government servants are concerned. Important provisions of the Central Civil Services (Conduct) Rules, 1964 which impose such reasonable restrictions are under for the guidance, if any:-- (1) Rule 6 forbids Government servants from joining, or continuing to be a member of, an association the object or activities of which are prejudicial to the interest of the sovereignty and integrity of India, or public order or morality (2) Rule 7 provides that no Government servant shall engage himself or participate in any demonstration, which is prejudicial to the interests of the sovereignty and integrity of India, the Security of the State, friendly relations with foreign States, public order, decency or morality or which involves contempt of court, defamation or incitement to an offence. Further no Government servant can resort to or in any way abet any form of strike or coercion or physical duress in connection with any matter pertaining to his service or the service of any other Government servant. As per explanation below F. R. 17-A, Strike includes a general, token, sympathetic or any similar strike and also participation in a bundh or in similar activities. accordingly , the right to form associations/unions as contained in the Constitution does not empower government servants to resort to strike or to other activities which are forbidden by the Conduct Rules. (3) Rule 11 prohibits a Government servant from communicating directly or indirectly any official document or information to any Government servant or other person to whom he is not authorised to communicate such document or information. Quotation in his representation from any letter, office memorandum or notes or files to which he does not have access or which he is not required to keep in his personal custody or for personal use amounts to unauthorized communication of information; -- Er Fateh Chand Guleria, Director RTI welfare Association, registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number, 9459334377
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