25 March 2011
Can a Central Goverment servant be a member of RSS (Rashtriay Swayam Sevak Sangh). Is there any bar? It is understood that during the BJP rule, the rule prohibiting Goverment servants from participating in RSS activities had been repealed. Kindly confirm.
During the time of Janta Government (Morarji Desai, as PM), a Government of India Decision No. (18) was inintroduced under Rule 5 of the CCS (Conduct) Rues 1964, under which participation in RSS was like participation of the Government servant in a political party, as it states, as follows:
EXTRACT of GOI DECISION NO. (18)
(18) Participation by Government servant in banned organization – clarification
Please refer to this Department’s Office Memorandum No. 18011/1/(S)/75-Ests.(B) dated the 28th November, 1975, (decision No. 15). Consequent upon the lifting of the ban on organizations such as R.S.S. Jamaat-e-Islami, Anand Marg and CP (ML) etc. the November, 1975 OM referred to above relating to the aforesaid organizations may be treated as deleted. Hereafter, action may be taken against Central Government employees if they come to notice for participation in the activities of the political organizations, under the normal service rules, such as rule 5 of the Central Civil Services (Conduct) Rules, 1964, or corresponding rules governing the service conditions of other categories of the employees.
[MHA Department of Personnel & A.R., OM No. 34013/4/(S)/77-Estt. (B), dated the 23rd April, 1977]
BUT on taking over again by Mrs. Indira Gandhi, as PM in 1980, another Decision No. 12(B) under the said Rule was introduced, although not very clear, But makes the position of the said earlier decision of 1977 to be somewhat doubtful. Both the decisions stand included even now in the CCS (Consuct Rules, 1964.
For your guidance, GOI Decision No (12B) is also reprioduced below. So, you can make your own interpretation about the present position:
EXTRACT of GOI DECISION NO. (12B)
(12B) Attention of the various Ministries is also drawn to this Ministry’s OM No. 3/10/(S)/66-Estt.(B) dated the 30th November, 1966 wherein it was clarified that the Government have always held the activities of both the Rashtriya Swayam Sewak Sangh and the Jammat-e-Islami to be of such a nature that participation in them by Government servants would attract the provision of sub-rule (1) of Rule 5 of the Central Civil Service (Conduct) Rules, 1964 and that, 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.
2. In the context of the current situation in the country the need to ensure secular outlook on the part of Government servants is all the more important. The need to eradicate communal feelings and communal bias cannot be over-emphasized.
3. No notice should be taken by Government and its officers, local bodies, state-aided institutions of petitions or representations on communal basis, and no patronage whatsoever should be extended to any communal organization.
4. Ministry of Finance etc., are therefore, requested to specially bring once against to the notice of all Government employees, working in or under them, the above-quoted provisions in para 1 on the subject. It is emphasized that any disregard of these instructions should be considered as a serious act of indiscipline and suitable action initiated against the erring employees.
[DP & AR OM No. 15014/3/(S)/80-Estt. (B), dated 28.10.1980]
SO, NATURALLY IT DEPENDS UPON THE INTERPRETATION FROM INDIVIDUAL TO INDIVIDUAL AUTHORITY, IN WHICH WAY THEY CAN INTERPRET THE PROVISIONS, BASED ON GOI DECISION NO. (18), OR (12b).