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october 1962

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).

O. K. GHOSH AND ANOTHER vs E. X. JOSEPH · Niyam