Ravindra Kumar Dutta ors. Vs. Union of India (Uoi) and anr. - Court Judgment

Excerpt:
.....services (conduct) rules, 1964 and articles 19 (1), 19 (2) and 19 (4) of constitution of india - question raised on vires of rule 5 which bans government employees from participation in any form of political activity - contention of offending article 19 (1) (a) to 19 (1) (c) and ban not imposed in interest of sovereignty and integrity of india or public order or morality - question raised is of great importance and needs consideration by constitution bench. - sections 192, 9 (1)(ii), explanation, 201,271-c and 273-b:[s.h. kapadia & aftab alam, jj] salary income - tax deducted at source (t.d.s.) payment made abroad by foreign company to its expatriate who had rendered services in india applicability of t.d.s. provisions held, section 9(1)(ii) of the act enacts that income..........19 as it cannot be said to have been imposed in the interest of the sovereignty and integrity of india or public order or morality. dr. chitale relies upon the decisions of this court in : 1983crilj1872 and : (1983)illj299sc , which to the extent that they go, appear to support his contention. the question raised is of great importance and the acceptance of the contention may lead to complete revision of the accepted civil service philosophy. we think it is desirable that these matters should be heard by a constitution bench. the registry will seek appropriate directions from hon. the chief justice.

Judgment:
ORDER

1. Dr. Chitale has squarely raised the question of vires of Rule 5 of Central Civil Services (Conduct) Rules, 1964 the effect of which is to ban Government employees from participation in any form of political activity. He contends that the ban offends Article 19(1)(a) and (c) and that it is not protected by Clauses (2) and (4) of Article 19 as it cannot be said to have been imposed in the interest of the sovereignty and integrity of India or public order or morality. Dr. Chitale relies upon the decisions of this Court in : 1983CriLJ1872 and : (1983)ILLJ299SC , which to the extent that they go, appear to support his contention. The question raised is of great importance and the acceptance of the contention may lead to complete revision of the accepted Civil Service Philosophy. We think it is desirable that these matters should be heard by a Constitution Bench. The Registry will seek appropriate directions from Hon. the Chief Justice.