JUDGMENT Sudhir Agarwal and Mohd. Tahir, JJ. – Heard Sri Raj Mohan Saggi, Advocate for petitioners and Sri Atiq Ahmad Khan as well as learned Standing Counsel for respondents. 2. It appears that there was a Non-Government Society, namely, Tulsi Smarak Samiti (hereinafter referred to as the "Society"), constituted sometimes in April, 1955 which included large number of social workers, businessmen enjoying high reputation and position at relevant time in public. 3. Initially, Sri C.B. Sharma, the then Deputy Minister (Revenue), Government of U.P., Lucknow, as public representative was shown as Secretary of Society. It was registered with Assistant Registrar, Chit, Fund and Societies, U.P. Lucknow. The document forming Society clearly shows that it was a private Society constituted at relevant time with objects to collect, promote and propagate Tulsi Literature; to raise Memorial and Memorials at different places in sacred memory of Tulsidas Ji; to train and educate Pracharaks, Katha Vachaks, Pandits and Vyases; and, to organise cultural, literary, dramatic and social activities. The bye-laws also show that, any one, believe in Society's objectives can become member of Society by subscribing requisite fee and admitted by President of Society forming opinion that such person would help to activities of Society. There is nothing in Society's Memorandum of Association to show that it was a Society constituted by Government for any public purposes. 4. It appears that with passage of time bye-laws of Society were amended and Government officials by office, namely, District Magistrate, Chitrakoot and Sub-Divisional Magistrate, Chitrakoot, were inducted as office bearers and Members in Society. 5. We requested learned counsel for parties to address us, under which law a Government official would be bound by bye-laws of a private society to act as its office bearer and whether such action on the part of concerned Government official(s) would not be a misconduct under U.P. Government Servants Conduct Rules, 1956 (hereinafter referred to as the "Rules, 1956") or if he is a Member of All India Services, then under the provisions of All Indian Service (Conduct) Rules, 1968 (hereinafter referred to as the "Rules, 1968"). 6. 6. Sri Ram Murti Tripathi, Sub-Divisional Magistrate, Mau is present and stated that since this practise was continuing for long, therefore, he has been functioning as Secretary of aforesaid Society but could not dispute that as a Government official he is not bound by terms, conditions and provisions, if any, made by any private society. 7. Sri Atiq Ahmad Khan, learned counsel appearing for respondent no. 3 contended that if there is a Society or body undertaking honorary work of social or charitable nature or literary, artistic or scientific character, there is no bar to a member of service from participating in the function of such body. He drew our attention to Rule 13(2) of Rules, 1968. We may reproduce entire Rule 13 as under: "13. Private trade or employment.(1) Subject to the provisions of sub-rule (2), no member of the Service shall except, with the previous sanction of the Government, (a) engage directly or indirectly in any trade or business, or (b) negotiated for or undertake, any other employment, or (c) hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not, or (d) canvass in support of any business of insurance agency, commission agency etc. owned or managed by any member of his family, or (e) take part, except in the discharge of his official duties, in the registration, promotion or management of any bank or other company registered or required to be registered under the Companies Act, 1956 (1 of the 1956) or any other law for the time being in force, or of any cooperative society for commercial purposes. (f) Participate in, or associate himself in any manner, in the making of: (i) a sponsored media (including radio, television) programme; or (ii) a media programme commissioned by Government media, but produced by an outside agency; or (iii) a privately produced radio or television or other media programme including a video magazine: provided that no previous permission shall be necessary in the case a member of the service participates in a programme produced by the Doordarshan on a subject dealt with by him in his official capacity. (g) involve or engage himself in the registration, promotion, management of other kinds of activities of any non Governmental organisation if the same is aided by the Central Government, State Government or an international organisation or agency; (2) A member of the Service may, without the previous sanction of the Government (a) undertake honorary work of a social or charitable nature, or (b) undertake occasional work of a literary, artistic or scientific character, or (c) participate in sports activities as an amateur, or (d) take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society, or of a club, or similar organisation, the aims o objectives of which relate to promotion of sports, cultural, or recreation activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force; or (e) take part in the registration, promotion or management (not involving the holding of an elective office) of a cooperative society substantially for the benefit of the members of the Service or Government servants registered under the Cooperative Societies Act, 1912 (2 of 1912), or any other law for the time being in force in any State : Provided that, (i) he shall discontinue taking part in such activities if so directed by the Government; and (ii) in a case falling under clause (d), or clause (e) of this sub-rule, his official duties shall not suffer thereby and he shall, within a period of one month of his taking part in such activity, report to the Government giving details of the nature of his participation. (3) Every member of the Service shall, if any member of his family is engaged in a trade or business, or owns or manages an insurance agency or commission agency, report that fact to the Government. (4) No member of the Service shall accept any fee for any work done for any public body or for any private person without the sanction of the Government. (4) No member of the Service shall accept any fee for any work done for any public body or for any private person without the sanction of the Government. Explanation: -Fee means a recurring or nonrecurring payment made, whether directly or indirectly to a member of the Service from a source other than the Consolidated Fund of India or the Consolidated Fund of a State, but does not include : - (a) unearned income such as income from property, dividends and interest on sureties; and (b) income from literary, cultural, artistic, scientific, or technological efforts and income from participation in sports activities as an amateur. (5) Contesting election to sports bodies etc. : Subject to the provisions of sub-rule (2) of Rule 13, no member of the service shall, except with the previous sanction of the Central Government: 5 (i) hold an elective office in any sports association/ federation/ body, by whatever name known at State/ National level for a turn of more than 4 years or for one term, whichever is less: provided that this restriction will not apply to functionaries like the District Magistrate, Superintendent of Police etc. when they hold posts in ex-officio capacity at Divisional/ District/ Sub-divisional/ Taluk levels; (ii) canvass either for his own candidature or for any other person for holding elective office in such sports bodies is mentioned in clause (i) above. (iii) while canvassing for contesting elections either on his own behalf or any other person, indulge in conduct and becoming a member of the service; (iv) shall proceed on travel abroad in connection with the work or other activities of any sports bodies described in clause (I) above without prior cadre clearance from the Central Government." 8. Firstly, it is sufficient to mention that a Sub-Divisional Magistrate is not governed by Rules, 1968 and there is no corresponding rule in Rules, 1956 applicable to an officer of State service and, therefore, to justify an order passed by Sub-Divisional Magistrate, Chitrakoot with reference to Rule 13 of Rules, 1968 is clearly misconceived. 9. Further, from deeper scrutiny of Rule 13 along with other relevant rules we find that there is a complete embargo to a Government servant from taking participation as Member or office bearer of a private body except of a limited category of cases and that too with previous sanction of Government. 10. 9. Further, from deeper scrutiny of Rule 13 along with other relevant rules we find that there is a complete embargo to a Government servant from taking participation as Member or office bearer of a private body except of a limited category of cases and that too with previous sanction of Government. 10. Rule 13(2) of Rules, 1968 is applicable where a member of All India Service himself undertakes honorary, social or charitable nature of work or occasional work of literary, artistic or scientific character. Under Rule 13(2)(d) a member of All India Service has been permitted to take part in registration, promotion or management of a literary, scientific or charitable society or a club or similar organization, the aims and objectives of which relate to promotion of sports, cultural or recreation activities and registered under Societies Registration Act or any other law for the time being in force. 11. Proviso to sub-rule (2) says that in case falling under Clause (d) the concerned member of All India Service shall report within a period of one month from taking part in such activities to Government giving details of nature of its participation. It is an enabling provision to a member of All India Service but nowhere authorizes a non-Government body to make rules or bye-laws in a manner so as to entrust any position of governance to a member of All India Service and such member is not bound by those rules or bye-laws. 12. We asked learned Standing Counsel to inform as to how a non-Government body can frame a bye-law so as to induct a Government servant, whether in Provincial Service or Central Government Service, so as to make him part of governing body by designation and whether such bye law would not be against public interest. Learned counsel appearing for respondents could not answer the above query. 13. We have also come across similar situations in respect of several private societies etc. whereat Government officials in their official capacity function as office bearers of such private societies and bodies though by holding Government office they cannot be a part and parcel of a private body to function in capacity of its office bearers etc. in a general way so as to confer a veiled status and position to such private body. 14. whereat Government officials in their official capacity function as office bearers of such private societies and bodies though by holding Government office they cannot be a part and parcel of a private body to function in capacity of its office bearers etc. in a general way so as to confer a veiled status and position to such private body. 14. If any member of All India Service governed by Rules, 1968 claims protection with regard to his participation under Rule 13(2), compliance of rule in its entirety is mandatory and it has to be examined, whether report contemplated in proviso (ii) to Rule 13(2) is being forwarded by such Government servant regularly or not and, if not, what action has been taken by Competent Authorities in these matters. Let an inquiry be made by Chief Secretary, Government of U.P., Lucknow in this regard and appropriate action be taken against all erring officials. 15. Besides, State Government shall also issue a general direction across the State, directing all Government Officials that they should not be part and parcel of managing bodies of private bodies like non-government societies, trusts etc. in whatever capacity, contrary to the provisions of Rules, 1956. In respect of members of All India Service, Chief Secretary shall examine matter and see in how many cases where the matter is governed by Rule 13(2), previous sanction of Government has been obtained and if there is a case of Rule 13(2)(d) or (e) of Rules, 1968, whether there is strict compliance of proviso (ii) or not and would take appropriate action in the matter. Chief Secretary shall submit a report in this regard within a period of six months from today. 16. So far as present writ petition is concerned, impugned order has been passed by Deputy Collector in his dual capacity as Deputy Collector as well as Secretary of Society, hence such order cannot sustain. 17. In the result, writ petition is allowed. Impugned orders dated 22.11.2001 and 04.02.2002 are hereby quashed. 18. No costs. Petition allowed.