LI Network
Published on: 24 September 2023 at 16:25 IST
In a recent ruling, the Rajasthan High Court has underlined that government servants are bound by a code of conduct and cannot live an immoral life, irrespective of any references to Indian mythology.
The judgment came in the case of Hari Singh vs. State of Rajasthan, where a married constable with the Rajasthan Armed Constabulary was dismissed from service for being in a live-in relationship with a married woman, also a constable with the Central Reserve Police Force (CRPF).
Justice Ashok Kumar Gaur, a single-judge bench, upheld the removal of the petitioner, Hari Singh, and dismissed his argument that Indian mythology permitted his actions.
The court held, “This Court finds that in wake of statutory provisions governing the prescribed conduct Rules prohibiting a government servant to lead an immoral life cannot be permitted to be violated by referring to Indian Mythology.
The law is codified, and rule-making authority, if it has prescribed certain conduct rules to be followed by a government servant, the same cannot be tested on the anvil of customs prevailing in other countries or some out-of-context reference to Indian Mythology.”
The petitioner had also relied on the judgment in Mahesh Chand Sharma V. State of Rajasthan, where the court cited Indian mythology and customs in tribal areas to justify certain actions. However, the present court found those references to be “out of context and bereft of any reasoning.”
Hari Singh, the petitioner, had been charged with violating the Rajasthan Civil Services (Classification, Control, and Appeal) Rules, 1958, after being found in a live-in relationship with a married woman while serving with the Rajasthan Armed Constabulary. The authorities dismissed him from service, prompting his legal challenge.
Singh contended that he had the right to lead his personal life as he pleased, and his employer couldn’t dictate his personal life. Nevertheless, the court emphasized that government servants are required to follow the prescribed code of conduct both during and outside working hours, owing to their status as public servants.
The judgment highlighted, “Government servants being public servants have to maintain high standards in private and public life.” It added that government servants cannot assert unfettered rights in their private lives to lead immoral lives.
The court noted the gravity of Singh’s misconduct, as he was living in a government accommodation with a married woman while not meeting his legally wedded wife and children. Consequently, the Disciplinary Authority’s decision to take action against Singh was upheld by the court.