Bengaluru: Recently in Karnataka, a PDO was suspended for attending RSS event in Ganavesh as per directions of Congress Minister Priyank Kharge in Karnataka. In social media and mainstream media, there were discussions going around participation of Government Employees in activities and Programmes of Rashtriya Swayamsevak Sangh.
Summary of all judgments is “Any Govt Employee can participate in RSS Activities and Programmes”.
Here are few examples of previous judgements given by various courts…
Case-1
Ranganathachar Agnihotri v. State of Mysore (1966)
The State rejected the petitioner’s appointment because he was an active member of RSS, alleging it was “subversive, secretive and opposed to secularism”.
The Court found no evidence supporting these allegations.
RSS was not a banned or unlawful organisation under any law.
The Government produced no material showing that RSS activities were subversive or unconstitutional.
The petitioner’s documents showed RSS was a cultural and service organisation, promoting discipline, unity and character building.
Mere membership of RSS cannot make a person unsuitable for judicial service.
Suitability must be judged on character and conduct, not on ideological association.
The Government’s decision was based on irrelevant considerations and was therefore arbitrary.
The Court held that denying appointment on RSS membership violated equality principles under Articles 14 and 16.
Directed the State to appoint the petitioner as Munsiff according to his merit rank.
Case-2
Ram Phal v. State of Punjab (1967)
Petitioner, a government servant, attended an RSS rally and training camp.
He was dismissed for alleged violation of Conduct Rules – participation in a “political movement”.
Petitioner argued RSS is a cultural, not political, organisation promoting discipline and unity.
Court held – mere participation in RSS activities doesn’t automatically mean political involvement.
Government must prove that RSS activity was of a political nature to justify punishment.
No enquiry or evidence was produced to show RSS was a political movement.
Hence, dismissal was illegal and unconstitutional.
Court reaffirmed – membership or participation in RSS alone isn’t misconduct under Conduct Rules.
Case-3
Chintamani Nurganwankar v. Post Master General (1962)
RSS was not a banned or unlawful organisation at the time.
Mere association or membership with RSS is not proof of subversive activity.
Allegations must show what RSS activities were subversive – otherwise, they have no legal basis.
Attendance at RSS functions or visits to its office are innocuous acts, not threats to national security.
Government cannot take disciplinary or security action solely based on RSS association without concrete evidence of subversive conduct.
Other Examples —
Indore Madhya Bharat High Court (1955)
‘Krishan Lal Vs Madhya Bharat State’
Court Ruling – “No Temporary Government Employee can be removed stating that he is a Member of the Rashtriya Swayamsevak Sangh”.
Patna High Court (1961)
‘Madhavrao Sadashivrao Golwalkar Vs Bihar State’
Court Ruling – “Speech given at a Rashtriya Swayamsevak Sangh programme is not an offence under Section 153A of Indian Penal Code IPC”.
Uttar Pradesh High Court (1963)
‘Jai Kishan Mahrotra Vs Mahalekhakar, Uttar Pradesh’
Court Ruling – “Being a Member of the Rashtriya Swayamsevak Sangh cannot be the only reason for Compulsory Retirement of any Govt Employee”.
Rajasthan High Court, Jodhpur (1964)
‘Kedarlal Agarwal Vs Rajasthan State and Others’
Court Ruling – “Dismissal of a Govt Employee on the basis of his active participation in Rashtriya Swayamsevak Sangh activities will be null & void”.
Punjab High Court, Delhi (1965)
‘Manohar Ambokar Vs Bharat Sangh & Others’
Court Ruling – Participating in Rashtriya Swayamsevak Sangh activities can be termed ‘neither ‘Destructive Work’ nor ‘Illegal’. No Govt Employee can be Punished on this basis.
Madhya Pradesh High Court, Jabalpur (1973)
‘Bharat Prasad Tripathi Vs Madhya Pradesh Govt & Others’
Court Ruling – “No Employee can be removed on basis of his participation in a Rashtriya Swayamsevak Sangh programme. Any orders issued for the Sake of justifying the same will not be valid.
Allahabad High Court (1971)
‘Education Director, Uttar Pradesh & Others Vs Revat Prakash Pandey’
Court Ruling – “No citizen’s ‘Right of confluence’ can be suspended during his Government Service.”
Gujrat High Court, Ahmedabad (1970)
‘D.B. Gohal Vs District Judge, Bhawnagar & Others’
Court Ruling – “Relation with Rashtriya Swayamsevak Sangh doesn’t proves that it is a Political Protest, hence no Govt Employee can be removed from his service based on this point.”
Kerala High Court, Ernakulam (1981)
‘T.B. Anandan & Others Vs Kerala State & Others’
Court Ruling – “The Rashtriya Swayamsevak Sangh cannot be deprived of Special Facility of Government School for their Programmes.”
Kerala High Court, Ernakulam (1982)
‘Smt Thatumkar Vs General Manager, Tele Communications, Kerala Mondal’
Court Ruling – “No individual can be stopped from being appointed as a Government Employee on basis of his being a Member of the Rashtriya Swayamsevak Sangh.”
Supreme Court of India (1983)
’Madhya Pradesh State Vs Ram Shankar Raghuwanshi & Others’
Court Ruling – “No Employee can be removed from Service on the basis of him participating in Rashtriya Swayamsevak Sangh Activities.”
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