Bhadas ब्लाग में पुराना कहा-सुना-लिखा कुछ खोजें.......................

8.1.16

Govt in HC: Bureaucrats resign to exercise Fundamental Rights






In a petition filed by IPS Officer Amitabh Thakur in Lucknow Bench of Allahabad High Court challenging the prohibition of All India Services officers to criticize government policy, the Central government has said that such restriction is placed in interest of public order.


The counter reply filed through Rajiv Jain, Under Secretary, DOPT says that every contract of service involves invasion of Fundamental Rights. It says if government servants are permitted to make adverse criticism of any recent government policy or action, there will be no discipline, leading to lack of efficiency in work, chaos in administration and ugly situations which in final analysis may lead to public disorder.

The counter reply also says that every person voluntarily joins these services and it is open for them to exercise their fundamental rights by resigning from the service. Free lancers need not enter government service.

The petition had said that rule 7 of the All India Services Conduct Rules 1968 with blanket prohibition on any adverse criticism of any current government act or policy is against the right to freedom of expression under Article 19(2).

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