JUDGMENT A. Pasayat, J. - Man is a political animal, said Aristotle in Politics I. If that be so, is Rule 11(1) (f) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (in short 'the Rules') prohibiting the employees from being members of the political or communal party intra vires, questions the petitioner. Additionally it is submitted, merely because she contested election as independent candidate can she be termed a member of the political or communal party, to warrant action by opp. party No. 1--Institution (Management of Choudwar College). 2. According to the petitioner, she was appointed as a lecturer in Education Department of the College in the year 1986. She was placed under suspension on 28-2-1990 on the allegation that by contesting the general election to the Orissa State Legislative Assembly from Athgarh Assembly Constituency, she committed a misconduct in terms of Rule 11(1)(f) of the Rules. A disciplinary proceeding was initiated asking her to show cause and subsequently she has been visited with an order of dismissal. The petitioner has alleged several acts of violation of principles of natural justice, non-application of mind and mala fides. The management has justified its action in stating that though the petitioner contested the election as an independent candidate that shows her political leanings, thoughts. No hair-splitting can be done to take her out of the ambit of Rule 11(1)(f). The allegations of violation of principles of natural justice and mala fides have also been stoutly denied. 3. An interesting question arises whether a person contesting as an independent candidate can be called to be a member of the political party, it is nobody's case inter alia that the petitioner was a member of any communal party which has been so declared by either the Central or the Stats Government. In order to engulf a person within an act of misconduct, it is to be shown that the employee was a member of political or communal party. A political party is not statutorily defined. Therefore, it would be proper to refer to contextually relevant statutes, and the common concept of a political party. 4. In the parliamentary form of democracy, the essential feature is rule by the majority. The Parliament consists of the elected representatives of the people. A political party is not statutorily defined. Therefore, it would be proper to refer to contextually relevant statutes, and the common concept of a political party. 4. In the parliamentary form of democracy, the essential feature is rule by the majority. The Parliament consists of the elected representatives of the people. For effective functioning of the Parliament and governance of country, political parties are not only a reality but dispensable. (See Parkash Singh Badal and Others Vs. Union of India and Others, ). The importance of political parties was recognised by the Supreme Court in Kanhiya Lal Omar Vs. R.K. Trivedi and Others. It was observed that till recently the Constitution did not expressly refer to the existence of political parties. But their existence is implicit in the nature of democratic form of Government, which our country has adopted. It was also observed that it is no doubt a paradox that while the country as a whole yields to no other in its corporate sense of unity and continuity, the working parts of its political system are so organised on party basis, in other words, "on systematized differences unresolved conflicts." 5. The desirability, relevance and existence of political parties were brought into sharp focus by the Constitution (Fifty Second Amendment) Act, 1985. The Tenth Schedule to the Constitution acknowledges the existence of political parties. Political parties exist because people wish to be governed by a group of people, conveniently called a party with avowed policiss. 6. Professor Harold, J. Laski in his book "Parliamentary Government in England" has said with reference to House of Commons that the Life of the House of Commons is necessarily lived in terms of the party system. Parties are the basis upon which the organisation of the House for coherency is made possible. Sri Ivor Jannings in his book "Cabinet Government" observed that the House of Commons consists of parties. The Government, as a party authority, has control over one or more of them. Harman Finer while discussing the views of John Stuart Mill opined that the most important factor today is the political party, and any analysis of Representative Government is stone-dead if there is omission of political parties. 7. The restriction is on an employee being member of a political party. What is politics? This is a word of very wide amplitude and almost impossible to be defined. 7. The restriction is on an employee being member of a political party. What is politics? This is a word of very wide amplitude and almost impossible to be defined. 'Polities' according to Webster Universal Dictionary is 'the science or art of government or of the administration and management of public or state affairs'. According to the said Dictionary, the word 'political' means 'pertaining to the science or philosophy of the State or of Government, pertaining to, connected with, the government or administration of a state or nation, or to its structure, constitution, functions, control etc. According to Oxford English Dictionary 'politics' means the science and art of Government; the science dealing with the form, organisation, and administration of a State or part of one, and with the regulation of its relations with other states'. The word 'political', according to the said Dictionary, means 'of, belonging, or pertaining to the state or body of citizens, its government and policy, especially in civil and secular affairs; public, civil, of or pertaining to the science or art of polities'. It can, therefore, be said that before any party can be said to be a political party or an organisation taking part in politics, the party or organisation should be propagating its view or ideologies in the art or science of Government. It may be either supporting the Government of the day or opposing it. A party or organisation, which does not involve itself in these activities, cannot be called political. 8. The rule in question intends to regulate conductor employees. It deals with disciplinary control. It is a form of service discipline. Before entering into Government service, character and antecedents of a candidate are considered At that stage a candidate may not be disqualified because he subscribes to any poetical belief or thought, unless such belief or thought is prohibited in any law. The situation is different when a person enters into service. The employer has a right to regulate the conduct of its employees, and therefore, the prohibition on membership of a political or communal party does not appear to be unreasonable. Communal harmony leads to integration of the country. Communalism is antithesis of secularism. If an employee is a member of a communal party so declared by the State or the Central Government, his thoughts, ideas may be non-secular, which wilt be against interest of the State or the nation. Communal harmony leads to integration of the country. Communalism is antithesis of secularism. If an employee is a member of a communal party so declared by the State or the Central Government, his thoughts, ideas may be non-secular, which wilt be against interest of the State or the nation. 9. Article 19(1)(c) of the Constitution guarantees freedom to form associations or unions, but that does not come in the way of the Government to prescribe in the interest of discipline and good government, that membership of a political or a communal party is non-conducive to discipline or efficient conduct of administration. Article 19(1)(c) gives liberty to all citizens, which includes Government servants, to form associations or unions, so long as the exercise of that right does not infringe any of the limitations laid down in Article 19 (4), which saves the operation of existing laws as well as future laws imposing reasonable restrictions in the interests of public order or morality. The oft-cited decisions of the Supreme Court in Kameshwar Prasad and Others Vs. The State of Bihar and Another and O.K. Ghosh and Another Vs. E.X. Joseph, were pressed into service by the learned counsel for the petitioner to contend that freedom of association also includes the membership of a political party. In those two cases, the Supreme Court was concerned with one aspect of the matter, i. e., freedom of speech and expression, freedom to assemble peacefully and freedom to form association under the appropriate Sub-divisions of Article 19(1) of the Constitution. But taking active part in politics as specified in Rule 11 (1) (f), like taking part in, subscribing in aid of, or assisting in any way, any political movement in India, may be viewed as an objectionable conduct on the part of a Government servant, harmful to good discipline and efficiency of service, and is not to be confused with several freedoms enumerated in Article 19 of the Constitution. Similar view was expressed by the Madras High Court in K. Dakshinamurthi v. State of Madras and Ors. AIR 1967 Mad 392 and P. N. Rangaswamy v. The Commissioner of Coimbatore Municipality and Ors. AIR 1968 Mad 387 . The prohibition on taking active part in politics is not unconstitutional, and does not infringe any of the freedoms guaranteed in Article 19 of the Constitution. 10. AIR 1967 Mad 392 and P. N. Rangaswamy v. The Commissioner of Coimbatore Municipality and Ors. AIR 1968 Mad 387 . The prohibition on taking active part in politics is not unconstitutional, and does not infringe any of the freedoms guaranteed in Article 19 of the Constitution. 10. At a stage prior to actual employment students are taught political science. They are required to study, debate and discuss political doctrines. It is unrealistic to expect that they should discuss and analyse those doctrines without believing any of them. They are tree to discuss the needs for a fundamental change in the socio-economic and political structure of our society. Some may subscribe to the efficiency of status quo, some may believe in radical alteration in the system and some may pine for the old times of which rosy pictures are painted. Where in a democratic set up political parties are postulated, there is nothing in a meaningful participation in the democratic process and expression of political views. But as indicated above, they are to continue till employment is accepted. Thereafter if the terms of employment prescribe non-participation in any political movement, that cannot be faulted and as indicated above that is necessary for a proper conduct. Similar view has been expressed by the Andhra Pradesh High Court in Kalluri Yassayya v. Superintendent of Post Offices, Khemmam Division and Anr. 1980 (2) SLR 433 : 1982 LabIC 1143. The restriction does not appear to be unreasonable, and therefore, we repel the contention raised that Rule 11 (1) (f) is violative of the freedom guaranteed in Article 19 (1) (c). 11. So far as the petitioner is concerned, there is no material Placed that she was a member of a political party. The reason for initiation of action against her was her contesting election as an independent candidate. The positive case of the petitioner is that she contested the election as a member of the independent party and not as a member of the political party. As discussed, membership of a political party is a definite concept and therefore, mere participation in an election as an independent candidate does not per se make one a member of the political party. As observed by the Supreme Court in Parliamentary form of democracy political parties play vital role and they sponsor candidates of the election. As discussed, membership of a political party is a definite concept and therefore, mere participation in an election as an independent candidate does not per se make one a member of the political party. As observed by the Supreme Court in Parliamentary form of democracy political parties play vital role and they sponsor candidates of the election. But under the existing law it is open to any elector to contest election from any constituency in the country and it is not necessary that the candidate should be sponsored by a political party. It is permissible for an elector to contest election on his own as an independent candidate. (See Dhartipakar Madan Lal Agarwal Vs. Rajiv Gandhi, ). It may be, as rightly contended by Mr. Aziz, a crafty employee may cock a finger at the employer by indulging in intense political activities, without formally becoming member of a political party. He may actively participate and get involved in political movements and effectively indulge in all acts which member of a political party can do. The possibility is not remote and may be a reality. But Rule 11 (1) (f) in the present texture does not cover them. It is for the rule-making authorities to take care of the apprehended situations. Since there is no material that petitioner is a member of any political party, we do not think that the action initiated against her can be maintained. 12. In view of conclusions just reached, there is no necessity to refer to other arguments advanced by the parties; but since it was emphatically stated by Mr. Aziz, learned counsel for the Management of Choudwar College that there are other charges which necessitated action against the petitioner, we are dealing with them. From the charges formulated against the petitioner, we do not find any other allegation except the participation in the election. Therefore, it was not open to the Management to proceed against the petitioner on the indicated charge. We, however, make it clear that if as submitted by the learned counsel for opposite party Nos. 1 to 3, there are other allegations against the petitioner, which necessitate initiation of action, the same may be resorted to in accordance with law, regarding which we express no. opinion. 13. Additionally, we may indicate that the procedure adopted for removal of the petitioner is not sanctioned in law. 1 to 3, there are other allegations against the petitioner, which necessitate initiation of action, the same may be resorted to in accordance with law, regarding which we express no. opinion. 13. Additionally, we may indicate that the procedure adopted for removal of the petitioner is not sanctioned in law. In this context, a reference may be made to Rule 22 of the rules, which provides for the manner of imposing major panalties Sub-rule (4) of the said rule is relevant for our purpose. It provides that on receipt of the written statement of defence or no such statement is received within the time specified, the disciplinary authority may itself enquire into such of the charges as are not admitted or, if it considers necessary so to do appoint any other person who shall either be a member of the Managing Committee or as the case may be, the Governing Body or the Headmaster or the Principal. We are not concerned with the proviso. Therefore, the enquiry has to be conducted by the disciplinary authority or any of the indicated person or body. The law on this point has been succinctly stated by this Court in 1990 (II) OLR 70 Chiranjib Parida v. State of Orissa, represented by the Secretary to the Government in Education and Youth Services and Ors. At the relevant time, the Special Officer of the institution had been entrusted with the powers and duties of the Governing Body, and therefore, the Additional Director, Higher Education could not have been asked to enquire. 14. In view of our conclusion that the basis for initiation of action was faulty, irregularity in conduct of enquiry is of no consequence. We, therefore, quash the order of termination of petitioner's service by order dated 9-3-1991 annexed as Annexure-9 to the writ application. The petitioner as a consequence shall be entitled to all admissible service benefits. The writ application in accordingly allowed, but in the circumstances without any order as to costs. A.K. Padhi, J. 15. I agree. Final Result : Allowed