Employee's Participation in Politics State of Madhya Pradesh, Petitioner vs Ramashanker Raghuvanshi and Another, Respondents.

S. MURTAZA FAZAL ALI & O. CHINNAPPA REDDY, JJ.

Past affiliation with some recognised political party cannot be a disqualification for absorption in government service – Termination from government service merely on the basis of a police report suggesting unsuitability because of participation in "RSS and Jan Sangh activities, held, not justified.

Per Chinnappa Reddy, J.

To seek a police report on the political faith or past political association and activity - neither illegal nor subversive - of any (appointee) to government service violates Articles 14, 16, 19(1)(a) and 19(1)(b) and is repugnant to the basic rights guaranteed by the Constitution and entirely misplaced in a democratic republic dedicated to the ideas set forth in the Preamble of the Constitution. McCarthyism is obnoxious to the philosophy of our Constitution. Only if such past affinities are considered likely to affect the integrity and efficiency of the individual's service can the incumbent be denied employment.

The respondent is neither alleged to have indulged in any illegal, vicious or subversive activity nor the organisations in whose activities be participated banned or alleged to be devoted to subversive or illegal activities.

Hence the respondent cannot be turned back at the very threshold on the ground of his past activities. Once he becomes a government servant, he becomes subject to the various rules regulating his conduct and his activities must naturally be subject to all rules made in conformity with the Constitution. ..

We are not for a moment suggesting that even after entry into government service, a person may engage himself in political activities. All that we say is that he cannot be turned back at the very threshold on the ground of his past political activities. Once he becomes a government servant, he becomes subject to the various rules regulating his conduct and his activities must naturally be subject to all rules made in conformity with the Constitution.