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Polity & Governance
Mahesh

02/09/22 21:53 PM IST

Civil servants should be allowed to express themselves positively

In News 
  • A senior IAS officer, Smita Sabharwal from Telangana, tweeted from her personal account in support of Bilkis Bano and questioned the Gujarat government’s decision, sparking off a row over whether she was in breach of the Central Civil Services (Conduct) Rules of 1964.
Central Civil Services (Conduct) Rules of 1964
  • Conduct Rules lay down clear principles as to what the Government expects from its employees.
  • Conduct rules apply to both official and personal life of the government servant.
  • If an official violates conduct rules, he may face warning/disciplinary action/departmental proceedings.
  • Rule 9 of the Rules of the Central Civil Services (Conduct) Rules states, “No Government servant shall… make any statement of fact or opinion… which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government.”
  • A fundamental right cannot be curtailed except by a valid law made by a legislature.
  • Lipika Paul v. The State Of Tripura: The court said, a Government servant(the petitioner) is not devoid of her right of free speech, a fundamental right which can be curtailed only by a valid law.”
  • Subject to not crossing the borders laid down in the Conduct Rules which were applicable in Tripura.
  • Kerala High Court: One cannot be prevented from expressing his views merely because he is an employee.
  • Constitutional principles and rule of law: The dharma of the civil servant is to uphold constitutional principles in letter and in spirit and the rule of law.
  • In this case, both the spirit of the Constitution and the rule of law were being subverted.
Source- The Hindu 

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