R.K. Choudhary JUDGMENT
Vaidynathier Ramaswami, C.J.
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 petitioner 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:
"4: Taking part in politics and elections--(1) No Government servant shall be a member of, or be otherwise associated with any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.
(2) It shall be the duty of every Government servant to endeavour to prevent any member of the family from taking part in, subscribing in aid of or assisting in any other manner any movement or activity which is or tends directly or indirectly to be, subversive of the Government as by law established and where a Government servant fails to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Government.
(4) No Government servant 'shall canvass or otherwise interfere or use his influence in connection with or take part in an election to any legislature or local authority:
On the 16th August, 1957. the respondents issued the following notification:--
"Government of Bihar,
Appointment Department,
Notification.
The 25th Sravans, 1879 (S)
16th August, 1957.
No. III /RI-206/54A. 10371.
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India the Governor of Bihar is pleased to make the following amendment in the Bihar Government Servants' Conduct Rules 1956, published with notification No. JH/RI-206/54A-8787, dated the 27th September, 1956:--
Amendment,
After Rule 4 of the said Rules, the following shall be inserted as Rule 4A, namely:--
'4A--Demonstrations and Strikes--No Government servant shall participate in any demonstrationor resort to any form of strike in connection with-any matter pertaining to his conditions of service.'
By the order of the
Governor of Bihar,
Sd/- V. Balasubramaniam
Deputy Secretary to Government."
It is submitted on behalf of the petitioners tha........