Conduct Rule No.7: Demonstration
7. Demonstration:-
No railway servant shall engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality, or which involves contempt of court, defamation or incitement to an offence.
Railway Ministry’s Decision:-
(1) Where peaceful and orderly meetings or demonstrations are held during the lunch interval without obstructing in any manner the free passage to and from the office, there would be no objection to the holding of such meetings or demonstrations nor would the participating staff render themselves liable to disciplinary action thereby. The same position will apply in respect of peaceful and orderly meeting and demonstration during half an hour interval prior to the start of working hours and the half an hour interval succeeding the close of working hours.
(2) The position regarding the scope of this Rule is clarified as under;
(i) Demonstration, meetings and processions, which are orderly and peaceful and are held outside office premises and outside working hours, should not be interfered with.
(ii) The wearing of badges while at work should not be interfered with unless the badges have inscriptions or slogans which may offend against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality or which may amount to contempt of court, defamation or incitement to an offence. The color of the badge or arm band should not be considered in any case.
(iii) Demonstration or the raising of slogans or other such disorderly conduct should not be permitted within office premises and disciplinary proceedings should be started against those found indulging in such action within office premises.
[Authority: No.E(D&A)63GS1-3, 27.04.1964]
(3) It will be in order to take disciplinary action in respect of demonstration anywhere, even far away from office premises and at any time even on a holiday, resorted to by a railway servant, even in the capacity of a Trade Union worker, if that activity could be proved to be one falling within the prohibitive activities listed in this rule.
[Authority: No.E(L)66UT1-79, 12.01.1966]
(4) Peaceful and orderly meetings and demonstrations held during lunch intervals of during half an hour interval prior to the start of working hour and the half an hour interval succeeding the close of the working hours, without obstructing in any manner the free passage to and from the office do not infringe the provisions under this rule.
[Authority: No.E(L)77/UT1-79, 26/28.07.1967]
(5) The principle of ‘No work no Pay’ should not be circumvented in any way including by grant of leave to a railway servant for the period of absence caused due to participation in a strike.
[Authority: No.E(LR)II/77ST1-126, 15.07.1978]
(6) If an application for casual leave is presented by a railway servant specifically for the purpose of participation in a demonstration, it is open to the competent authority to refuse casual leave for this purpose. If in spite of refusal, and employee absents himself from duty, he can be treated to have been unauthorizedly absent, with all the attendant consequences of unauthorized absence.
[Authority: No.E(G)79/LE1-10, 19.06.1980]