VIGILANCE MANUAL VOLUME III - AP Online

528 DECISION - 240
threats of violence, bodily harm and other acts of intimidation to
supervisory officers and thus created a situation whereby the normal
functioning was made difficult and impossible.
Railway employees went on an illegal all-India strike and
thereby committed an offence punishable with imprisonment and fine
under section 26(1) of the Industrial Disputes Act, 1947 and the
situation became such that the railway services were paralysed, loyal
workers and superior officers assaulted and intimidated, the country
held to ransom and the economy of the country and public interest
and public good prejudicially affected and prompt and immediate
action was called for in order to bring the situation to normal.
On 27.11.80, a number of staff members of RAW (Satyavir
Singh and others) protested against the security regulation which
required that the employees when going from one floor to the other
had to show their identity cards, several persons forced their entry
into the room of the Director, Counter Intelligence Section and forced
him, the Assistant Director and the Security Field Officer to stand in
a corner, the employees shouted slogans which are obscene, abusive,
threatening and personal in nature, the local police entered the
premises and rescued the three officers and arrested 31 agitators
found inside the room. The agitation continued on the next two days
and pen-down strike continued and spread to other offices of RAW
in New Delhi and in different parts of India and there was complete
insubordination and total breakdown of discipline and atmosphere
was charged with tension.
Supreme Court upheld the application of clause (b) of the
second proviso to Art. 311(2) of Constitution in the 3 groups of
cases.
Clause (c) of the Second Proviso :
The expression “security of the State” in clause (c) of the
second proviso of Art. 311(2) does not mean security of the entire
country or a whole State but includes security of a part of a State.