Kochi: The Kerala Government Servant Conduct Rules prohibit government employees from holding positions in religious and community organisations, the High Court of Kerala has ruled.
Referring to Rule 67A in the Conduct Rules, the court said that public servants could contest elections to such positions, but would come under the rule -- banning them from holding any positions in such organisations -- if they win.
Justice T R Ravi gave the ruling while considering a petition by K J Philip of Thalayolaparambu in Kottayam district. The petitioner had approached the court seeking its intervention in preventing government servants from contesting to various committees of the CSI Church.
Kerala Government Servant Conduct Rules were amended in 2014 to include Rule 67A. The Rule prohibits government employees from becoming office-bearers of any religious or community outfits or associated trusts or societies.
The court rejected the respondents' argument that Rule 67A violated the rights guaranteed to individuals and religious organisations by articles 25, 26 and 30 of the Indian Constitution.
Elaborating, the court pointed out that Article 25 guarantees individuals the freedom of conscience and free profession, practice and propagation of religion. Article 26 envisages the freedom to manage religious affairs, and offers minorities, whether based on religion or language, to establish and manage educational institutions of their choice.
The court further stated that the restrictions imposed under Rule 67A of the Kerala Government Servant Conduct Rules did not infringe upon the freedom guaranteed by the Constitution.
While upholding the religious freedom of individuals and rights of minorities, the court pointed out that the prohibition is only for government servants holding offices in religious and community organisations. The restriction is part of the conduct rules for government officials, who are a separate group.
The rules will be applicable to government servants holding positions in CSI Church's parish. The court also directed various government departments to consider and settle the memoranda the petitioner had submitted within six weeks.
The petitioner pointed out that government servants have been contesting various committees of the Church for years, and their official positions could be misused for corrupt practices and nepotism.
