AIR 1957 KERALA 43 ::(1957) 1 LabLJ 634 ::1957 Ker LT 169 ::1957 Ker LJ 186 ::ILR (1958) Ker 92

Kerala High Court

Hon'ble Judge(s): M. S. Menon , J

(A) Constitution of India , Art.309— Government Servants Conduct Rules (1950) , — They are not statutory rules. The Government Servants' Conduct Rules, 1950, are not statutory rules and can be considered only as part of the contract of service under which the employees of the Government discharge their functions as Government servants.(Para 8) (B) Constitution of India , Art.19(1)(c), Art.19(4)— Government Servants Conduct Rules (1950) , R.80(a), R.81— R.80(a) and R.81 are valid. Restrictions on the fundamental rights guaranteed to a citizen can be imposed in a contract of Government service provided such restrictions satisfy the test of reasonableness and do not make a nullity of the rights conferred. A reasonable restriction on the fundamental rights imposed by a contract of Government service will not be ultra vires of the Constitution. Judged by that standard Rr. 80 (a) and 81 of the Government Servants' Conduct Rules (1950) appear to be eminently reasonable and must be upheld as valid.(Para 11 12) .....