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Showing contexts for: offensive language in Jagat Singh vs The Asst. Commissioner And Ors. on 5 July, 2004Matching Fragments
20. As regards violation of Rule 6 of the Conduct Rules ibid it is stated that what has been a misconduct is joining of an association being a member whose activities and objectsare prejudicial to the interest and sovereignty, public order and morality. O.M. of 9.5.1961issued by the Ministry of Labour and Employment which provides facility of display on notice as a fundamental right to voice legitimate demands precludes any criticism and activities subversive of discipline and use of objectionable and offensive language directed towards an individual. It is contended that once on the face of it established allegations constitute one of the prohibitive action, the head of the department has no role to play. It is only when the head of the department observes the activity as subversive of discipline O.M. dated 7.6.1978 has application.
(i) The date, time place purpose of a meeting. (ii) Statements of accounts of income and expenditure of the Union/Associations.
(iii) Announcements regarding holding of elections excluding canvassing therefor and result thereof.
(iv) Reminders to the membership of the Associations/Unions in a general way about the dues outstanding against them.
(v) Announcements relating to matters of general interest to the members of Association/Union provided:
(a) they are not in the nature of criticism; (b) they are not subversive of discipline; (c) they do not contain objectionable or offensive language; and (d) they do not contain attacks on individuals, directly or indirectly."
43. Moreover, Article-I alleges defiance of O.M. dated 9.5.1961. Display of notices to voice legitimate demands by recognized association which undisputedly RKVAS (J) is, is not a misconduct. What has been a misconduct is that criticism, personal attack and individual use of offensive language but the question is who has to decide the aforesaid activities before any action is taken under Rule 6 and the concerned is alleged for its violation? The answer is simple. Nothing precludes the authorities to take a disciplinary action for violation of Rule 6 of the CCS (Conduct) Rules, 1964 but this has to be decided by the head of the department that the objects and activities of an association had attracted Rule 6. In case of doubt advice of administrative ministry can be sought. -