V GOPINATHAN Vs. STATE OF KERALA
LAWS(KER)-1963-3-25
HIGH COURT OF KERALA
Decided on March 18,1963

V.GOPINATHAN Appellant
VERSUS
STATE OF KERALA Respondents





Cited Judgements :-

BALAKRISHNAN NAIR VS. STATE OF KERALA [LAWS(KER)-1980-3-6] [REFERRED TO]
K N THANKAM VS. STATE OF KERALA [LAWS(KER)-1964-11-4] [REFERRED TO]
STATE OF TRIPURA VS. LIPIKA PAUL [LAWS(TRIP)-2021-2-68] [REFERRED TO]


JUDGEMENT

- (1.)IN this writ petition Mr. P. Subramonian Potti, learned counsel for the petitioner, challenges the order Ext. P-5, passed by the State Government dated 3-5-1961. Under Ext. 5, the State Government has dismissed the petitioner from service, on the basis of certain disciplinary proceedings taken as against him.
(2.)THE legal contention that has been taken, apart from the contention taken on facts regarding the sustainability of the findings on the evidence, is as follows: on the dates when the petitioner is alleged to have taken part in political activities, the rules that were in force were the Government Servants' conduct Rules, 1950 promulgated by the Travancore-Cochin government on 22-2-1950. Those rules not having been framed under article 309 of the Constitution, arc not "law". Only if they have been framed under Article 309, the question may have to be considered as to whether the restrictions imposed on Government servants by those rules are reasonable restrictions or otherwise. But the petitioner is considered to have committed a violation of the provisions of Rules 67 and 69 of the kerala Government Servants' Conduct Rules, 1960, and he has also been found guilty of contravening those rules, by the Tribunal. According to the learned counsel for the petitioner, those rules admittedly were framed by the Governor, in exercise of his powers conferred by the proviso to Article 309 of the Constitution, and came into force only with effect from 12-1-1960. That is according to the learned counsel, at the material time when the petitioner is stated to have committed a violation of the rules in question, viz. , 3-1-1960, the provisions which were in force were those contained in the Government Servants' Conduct Rules, 1950, issued by the Travancore-Cochin Government on 22nd February 1950.
(3.)ACCORDING to Mr. P. Subramonian Potti, learned counsel for the petitioner, that the Government servants have got fundamental rights, has been declared by the supreme Court in the recent decision reported in Kameshwar Prasad v. State of bihar, AIR 1962 SC 1166. The question as to whether the restrictions mentioned in the rules are reasonable or not, will arise and will have to be considered only if the provisions of the Government Servants' Conduct Rules, 1950, issued by the travancore-Cochin Government are either made by virtue of the legislative power, or statutory rules, or framed by the Governor under the proviso to Article 309 of the Constitution. According to the learned counsel, the Government Servants' conduct Rules of 1950 issued by the Travancore-Cochin Government, do not satisfy any of these conditions and, therefore, the proceedings initiated as against the petitioner for acts stated to have been committed by him long before the kerala Government Servants' Conduct Rules, 1960 framed by the Government under the proviso to Article 309 of the Constitution came into force, are absolutely illegal, and therefore the entire proceedings will have to be quashed.
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