VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 228
501
All that is said is that before he was absorbed to Government service,
he had taken part in some R.S.S., Jana Sangh activities. The
Supreme Court observed that they do not have the slightest doubt
that the whole business of seeking police report about the political
activity of a candidate for public employment is repugnant to the basic
rights guaranteed by the Constitution and entirely misplaced in a
democratic republic dedicated to the ideals set forth in the preamble
of the Constitution and that it offends the Fundamental Rights
guaranteed by Arts. 14 and 16 of Constitution to deny employment to
an individual because of his past political affinities, unless such
affinities are considered likely to affect the integrity and efficiency of
the individual’s service. The Supreme Court added that they were
not for a moment suggesting that even after entry into Government
service, a person may engage himself in political activities, and what
all they wanted to say was that he cannot be turned back at the very
threshold on the ground of his past political activities and that once
he becomes a Government servant, he becomes subject to the
various rules regulating the conduct and his activities must naturally
be subject to all rules made in conformity with the Constitution. The
Supreme Court dismissed the application.
(228)
(A) Misconduct — in private life
Misconduct or moral turpitude need not necessarily
relate to an activity in the course of employment.
Officer enticing the wife of another constitutes
misconduct.
(B) Misconduct — moral turpitude
Scope of term “moral turpitude” explained.
(C) Suspension — court jurisdiction
Necessity or desirability to place under suspension
is the objective satisfaction of Government. Court