Supreme Court of India · 1962-10-30
O. K. GHOSH AND ANOTHER vs E. X. JOSEPH
- Citation / case number
- SC 1962/18
- Court
- Supreme Court of India
- Petitioner
- O. K. GHOSH AND ANOTHER
- Respondent
- E. X. JOSEPH
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that Rule 4(A) of the Central Civil Services (Conduct) Rules, 1955, which prohibits government servants from participating in demonstrations, infringes their fundamental rights under Article 19(1)(a) and (b) of the Constitution. The Court found that participation in demonstrations does not equate to participating in a strike, thus invalidating the proceedings against the respondent under Rule 4(A). Additionally, Rule 4(B), which restricts membership in non-recognized associations, was deemed unreasonable and invalid as it violated Article 19(1)(c).