VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 455
(454)
851
Misconduct — bandh
There cannot be any right to call or enforce a
“Bandh”. There is a distinction between a bandh
and Strike or “Hartal”.
Communist Party of India (M) vs. Bharat Kumar,
1998(1) SLR SC 20
The Supreme Court was satisfied that the distinction drawn
by the High Court between a “Bandh” and a call for general strike or
“Hartal” is well made out with reference to the effect of a “Bandh” on
the fundamental rights of other citizens. There cannot be any doubt
that the fundamental rights of the people as a whole cannot be
subservient to the claim of fundamental right of an individual or only
a section of the people. It is on the basis of this distinction that the
High Court has rightly concluded that there cannot be any right to
call or enforce a “Bandh” which interferes with the exercise of the
fundamental freedom of other citizens, in addition to causing national
loss in many ways. There is a distinction between a Bandh on the
one hand and a call for general strike or “Hartal” on the other.
(455)
Sealed cover procedure
Can be adopted only if, on the date of consideration
for promotion, departmental proceedings had been
initiated or are pending or on its conclusion, final
orders are pending or employee is under
suspension.
Union of India vs. Dr. (Smt.) Sudha Salhan,
1998(1) SLR SC 705
The respondent was considered by the departmental promotion
committee for promotion on 8-3-89 but the proceedings of the selection
committee were placed in sealed cover. She was placed under