Religion
Querist :
Anonymous
(Querist) 06 February 2010
This query is : Resolved
Dear Sirs
Can a Cenral Government servant head a religious organisation on honorary basis?
Whether he/she will attract the provisions of relevant conduct rules==kindly elaborate
A V Vishal
(Expert) 06 February 2010
It depends on the service & conduct rules governing the government department and the government stand in such cases.
Querist :
Anonymous
(Querist) 08 February 2010
Dear Mr. Vishal, Mr.Raj Kumar and Bhatiaji & other experts.......Does this following circular of Central Civil Service (Conduct) Rules, 1964 restrict a Central Government servant from heading a religious organisation-please elaborate.
(4) Participation by Government servants in proselytisation – instruction regarding
The question has been raised whether a specific provision should be added to the Central Civil Service (Conduct) Rules to prohibit Government servants from taking part in proselytizing activities.
2. The Constitution of India is based on the principle of secular state and expressly prohibits any discrimination in favour of or against any person or classes of persons on religious grounds. It follows, that, though servants of the State are entitled in their private lives freely to profess, practise or propagate any religion, they should so conduct themselves in public as to leave no room for an impression to arise that they are likely, in their official dealings, to favour persons belonging to any particular religion. Such an impression is bound to arise in respect of a Government servant who participates in brining about or organizing conversions from one religion to another and such conduct would be even more reprehensible if, in the process, he makes use, directly or indirectly, of his official position or influence.
3. As such cases are not likely to be very frequent, it has been decided that no specific provision need be added to the existing Conduct Rules. Nevertheless participation in proselytizing activities or the direct or indirect use of official position and influence in such activities on the part of a Government servant may be treated as good and sufficient reasons for taking disciplinary action against him under the Central Civil Services (Classification, Control and Appeal) Rules.
[MHA OM No. 25/50/57-Ests.(A), dated 15.01.1958]
(20) Participation by Government servants in the activities of Dharma Pracharak Sansthan
As certain doubts have been raised about Government’s policy with respect to the membership of and participation in the activities of the Dharma Parcharak Sanstha of Shri Jai Gurudev and Door Darshi Party or their branches or affiliated bodies thereof by Government servants, it is clarified that Government have held the activities of these two organizations to be of such a nature that participation in them by Government servants would attract the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Conduct) Rules, 1964. Any Government servant, who is a member of or is otherwise associated with the aforesaid organizations or with their activities is liable to disciplinary action.
[DP&AR OM No. 15014/1/81-Estt. (B) dated the 3rd March, 1981]
(21) Association of Central Government servants with socio-religious bodies
Instances have been brought to the notice of this Department where Government servants seek prior permission for becoming members of socio-religious bodies, the objectives of which are claimed to be aimed at social reforms and religious awakening etc.
2. According to Rule 15 of the Central Civil Services (Conduct) Rules, 1964, no previous sanction of the Government is required for a Central Government servant to undertake honorary work of a social or charitable nature but he should discontinue taking part in such activities, if so directed by the Government. Prior permission is essential only if the Government servant seeks to hold an elective office. As regards participation in purely religious activities, the freedom to profess and practice any religion is guaranteed under the Constitution of India itself. Since, however, the Constitution of India is based on the principle of secular state, the Government servants, while they are free to profess and practice any religion in their private lives, should so conduct themselves in public as to leave no room for any impression to arise that they do not subscribe to the secular philosophy of the State.
3. Some of the organizations and movements claiming to aim at social and religious reforms, may have some attributes of sectarian or communal nature. It will, therefore, be desirable on the part of the Government servants to be very cautious in associating themselves with any organization or movement the activities of which are liable to be construed as sectarian or communal in nature. It is not possible to give an exhaustive list of such activities or of the organizations and movements whose aims and objectives may be objectionable. The responsibility for the consequences of the decision to join any organization and participating in its activities will rest with the employee himself. It is, therefore, the duty of the Government employee who wishes to join any organization or association to satisfy himself that its activities and objectives are not of such a nature as are likely to attract action under any of the provisions of the Conduct Rules. In the circumstances, any plea of ignorance or mis-conception as to the Government’s attitude regarding participation in the activities of such organizations would not be tenable.
[Deptt. Of Pers. & Trg. O.M. No. 11013/5/88-Estt. (A) dated 11.07.1988]
Querist :
Anonymous
(Querist) 08 February 2010
Dear sirs,
I am awaiting your opinion on the above mentioned Government instruction about participation/heading a religious organisation by a Central Government servant covered by CCS (Conduct) Rules, 1964.