APSRTC MISCONDUCT — POLITICAL ACTIVITY

The petitioner, Senior Store Supervisor of Andhra Pradesh State Road Transport Corporation, at Vijayawada contested, on 1- 12-82, as a candidate on behalf of the Communist Party of India at the General Elections as a Member of the Legislative Assembly. An inquiry was conducted on a charge that he thereby contravened Regulation 23(1) of the APSRTC Employees (Conduct) Regulations, 1963 and Note 2(xv) to Regulation 9(1) of the APSRTC Employees (CCA) Regulations, 1967 and the petitioner was removed from service by order dated 31-10-84 and it was confirmed in appeal.Regulation 23(1) of the Conduct Rules prescribes that no employee shall be a member of any political party or take active part in politics or in political demonstrations. Regulation 28(xxxii) provides that violation of the Regulation or instructions of the Corporation is a misconduct. Note (2)(xv) to Regulation 9(1) of the CCA Regulations says that taking part in subversive or political activities or activities prohibited by law or made punishable by law or other activities prejudicial to the interests of the Corporation constitutes serious misconduct. The High Court of Andhra Pradesh held that the Conduct Regulations prescribe prohibition in political activities or contest at an election while being a member of the Service, and it is a reasonable restriction and a valid classification of the entire class of employees of the Corporation, and is within the power of the Corporation and is valid. The High Court accordingly dismissed the writ petition.