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Mobile phone permisssion

(Querist) 30 August 2017 This query is : Resolved 
Nasmasthae Sirs,

Nowadays atleast basic cell phone model with no camera and memory card is crucial for the Citizens of the country. Because Mobile phone is linked to Adhar card, Pan card, Banking sector and list goes to many.
The Mobile has become the part of human organ in recent times when country is going for Digital India and communication to all.
But few Govt organizations is curbing the practice of bringing at least basic phones inside the organization by its employees. I believe the fundamental rights of the citizens are violated in this practice.

Secondly the use of basic cell phones ( No camera, No memory, No smart phone ) will not leak any organization data to the outside world. The basic Keyboard cell serves the purpose of

a) Remote communication during field works

b) Job rotation works

c) Banking transactions ( OTP passwd )

d) Railway Booking ( OTP passwd )

e) Family Emergency situations

f) Adhar, Pan card , Passport and linkages to many Govt institutions.

In this regard; Please help me out in understanding the necessity of basic cell phones at present times.


Regards
Narahari
Sudhir Kumar, Advocate (Expert) 01 September 2017
You have not been able to project any clear problem.
B.S.NARAHARI (Querist) 01 September 2017
Sir,
Let me first be thankful to you for kind response.

Is carrying cell phone ( Basic model with no camera and memory card ) inside the govt organization is basic right of Citizen or not. Few companies ( Govt owned ) prohibiting its employees to carry cell phones inside the factory premises. I think it is deny of basic Indian citizens rights.

Regards
Narahari
Guest (Expert) 01 September 2017
To keep cellphone with the employee is not a right. At the time of dire necessity, you can use the facility of a departmental telephone provided in the premises.

Question is not whether the camera is allowed or not. The question is about the security system, what type of production employers factory undertakes and what conduct Rules have been prescribed to be observed by the employees during duty hours. Conduct Rules are necessarily have to be observed by the employees.


Dr J C Vashista (Expert) 03 September 2017
You should move to High Court for issuance of a writ of mandamus or;
file a Public Interest Litigation either before High Court or Supreme Court of India for issuance of necessary directions to authorities concerned who have abridged your (citizen's) fundamental right of life, liberty and privacy.
Guest (Expert) 03 September 2017
Dear Dr. JC Vashista,

I hope you would like to agree with me, during duty hours, he is bound to discharge his responsibilities towards his employer by maintaining conduct and discipline prescribed for him.

You would further like to agree with me that if we talk about the fundamental rights granted by the constitution, even the CCS (Conduct) Rules prescribed by the Central Government may have to be scrapped as that curb almost all the rights of the employees as a citizen of India. In that case also a PIL may be necessary to get the conduct Rules scrapped. Not only that provisions of the Fundamental Rule 11 meant for the Central Government servants may also be violative of fundamental rights and may require to be scrapped, as the same states that the whole time of a Government servant is at the disposal of the Government which pays him.

The irony is that on one hand the Constitution of India provides for fundamental rights, but on the other statutory rules made under the provisions of the Constitution snatch almost all the fundamental rights of the Government servants.
B.S.NARAHARI (Querist) 05 September 2017
Thanks you sirs
4
B.S.NARAHARI (Querist) 05 September 2017
Sir iam being a common man i do not have potential or patience in roaming across the courts to get basic rights.
Guest (Expert) 05 September 2017
If unable to roam about across the courts, where from the idea cropped up to stand against the conduct prescribed by the organisation, as an employee? Rights are always tied with responsibilities towards one and all and more particularly to fulfill the obligations of the job and employer.

Rajendra K Goyal (Expert) 05 September 2017
For which government office are you referring?

Rules formed by offices for basic security needs need have to be followed.

Expert P.S. Dhingra has cleared the position.


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